The NPPF: A Digest

Meeting the challenge of climate change, flooding and coastal change

NPPF 153

R (Hewitt) v Oldham MBC [2020] EWHC 3405 (Admin), Julian Knowles J
Sasha White KC and Anjoli Foster appeared for the Interested Party

“237. It is quite clear that Policy 18 and [153] of the NPPF permit the necessary matters relating to sustainability, climate change, energy, and the like, to be determined at different stages as part of the ongoing planning decision-making process. Policy 18 says that, ‘Compliance with the targets must be demonstrated through an energy statement which must be assessed to the council’s satisfaction’. This neither expressly nor, to my mind, by necessary implication, requires the energy statement to be submitted and approved as part of the outline planning permission process as opposed to at a later stage of the approval process.”

NPPF 158

R (Martin) v Folkestone and Hythe District Council [2020] EWHC 1614 (Admin), Dove J
Andrew Parkinson appeared for the Claimant

“32. Turning to the relevant policies Mr Harwood noted that paragraph 158 of the Framework did not require the question of flood risk and the sequential test to be measured against the EA flood zone maps, but instead provided that the “Strategic Flood Risk Assessment will provide the basis for applying this test”.