Sustainable Development: Does the NPPF Paragraph 14 Ensure that Future Generations Can Meet Their Own Needs?

摘要

The present position appears to be as follows. The presumption in favour of sustainable development arises if the requirements of NPPF para. 14 are satisfied (such that permission should in principle be granted). Implicitly, development which has satisfied these tests is to be regarded as sustainable. Unless material considerations, if any remain, indicate otherwise planning permission will be granted. However, Jay J expressed the view in Cheshire East both that: 1. "the whole point of paragraph 14 is to lead decision makers along a tightly defined and constrained path, at the end of which the decision must be: is this sustainable development or not?"; and that 2. "the meaning of sustainable development is not rigidly to be determined solely by reference to the indented methodology" and where "the impact or harm is substantial but not such as significantly and demonstrably to outweigh the benefits, then the decision-taker has sufficient flexibility to refuse permission". Insofar as development is granted for development whose impacts outweigh its benefits (albeit not significantly, or only significantly on a cumulative basis with other development), government policy appears to depart from the established definition of sustainable development and present planning policy will not therefore ensure that the ability of future generations to meet their own needs will not be compromised.