CoA continues to grapple with nuances of planning policy interpretation and application

19 Oct 2022

Planning and Environment

This week the Court of Appeal (Lewison, Singh and Whipple LJJ) grappled once again with the nuances of planning policy interpretation and application. The central issue in R (Thurston Parish Council) v Mid Suffolk District Council & Bloor Homes Limited is the application of a neighbourhood development plan policy which requires development in the parish to be “focused” within a defined settlement boundary. The Council’s case, in essence, is that “focus” in the present context does not mean “preclude”, such that a scheme for up to 210 homes outside the settlement boundary was not in conflict with this policy. The judgment will be the latest in a long line of appellate authorities dealing with planning policies and how they are applied on the ground.

Cornerstone’s Tom Cosgrove KC and Ruchi Parekh represented Mid Suffolk District Council, instructed by Clare Riches and Christine Flittner.

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