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Battle for the green belt

The decision in Lee Valley casts some light on provisions of the NPPF regarding when a development can be considered 'appropriate' in the green belt, writes Victoria Hutton

2 June 2016

The case of R (on the application of Lee Valley Regional Park Authority) v Epping Forest District Council and Valley Grown Nurseries Ltd [2016] EWCA Civ 404 is the latest in a series of decisions by the Court of Appeal on the proper interpretation of the green belt provisions within the National Planning Policy Framework (NPPF).

It is also the latest in a longer list of judgments in which the Court of Appeal has been asked to interpret provisions within the NPPF, a policy document whose own ministerial foreword claims it is written 'simply and clearly'.

The issue the court had
to decide in Lee Valley was
whether the development
was 'appropriate' in the green belt and therefore could not engender harm to openness
or conflict with the purposes
of including land within it.

The basic facts were as follows: in 2...

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