The “tilted balance” is applied when assessing planning applications, particularly under specific circumstances where local planning policies are not up-to-date or where there is an insufficient supply of deliverable housing sites. This approach ensures that development needs, particularly housing, are met in a timely and sustainable manner.
Key Situations for Applying Tilted Balance
Lack of a Five-Year Housing Land Supply
If the local planning authority cannot demonstrate a five-year supply of deliverable housing sites, the “tilted balance” comes into play. This shifts the presumption towards granting planning permission to address the shortfall.
Out-of-Date Policies
If local planning policies are considered out-of-date, such as when they do not align with current national policies or do not reflect recent development needs, the “tilted balance” favours granting permission unless there are significant adverse impacts.
Principle
Under the “tilted balance,” planning permission should be granted unless:
1. The adverse impacts of granting permission would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF taken as a whole.
2. Specific policies in the NPPF indicate that development should be restricted.
Application in Decision-Making
1. Assessment of Benefits and Harms: Decision-makers must carefully weigh the benefits of the proposed development (such as addressing housing shortages and economic growth) against any potential harms (such as environmental impact, loss of green space, and infrastructure strain).
2. Sustainable Development: The core aim is to promote sustainable development. Even if a development has some negative impacts, it may still be approved if the overall benefits, particularly in terms of sustainability, are deemed greater.
Example Scenario:
A local authority in a rural area has not updated its Local Development Plan for several years and cannot demonstrate a five-year supply of housing land. A developer proposes a new housing estate on the edge of a village. Despite some concerns about increased traffic and pressure on local services, the development would provide much-needed affordable housing and contribute to the local economy.
In this case, the “tilted balance” would likely be applied. The planning authority would assess whether the adverse impacts (traffic, service pressure) significantly and demonstrably outweigh the benefits (housing supply, economic growth). If not, planning permission would likely be granted.
Conclusion:
The “tilted balance” is a critical concept in UK planning law, ensuring that housing and other development needs are met efficiently while promoting sustainable development. It helps address situations where local policies may be outdated or where there is a pressing need for development, thus ensuring that the planning system remains flexible and responsive to current needs.