Monkhill Ltd v Secretary of State for Communities and Local Government

Citation: [2021] EWCA Civ 74

Lead authority on the disapplication of the ‘tilted balance’ presumption in favour of sustainable development in paragraph 11(d)(i) of the 2019 National Planning Policy Framework in circumstances where “the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed”.

Charles Banner QC (leading Matthew Fraser) appeared for the Appellant, instructed by Penningtons Manches Cooper LLP.

Counsel

Charles Banner QC

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