Here at Chapman Lily, we are regularly instructed on large scale developments in National Parks and AONBs and are therefore regularly confronted with the somewhat daunting requirement on decision makers (from the NPPF) to automatically refuse such development unless exceptional circumstances and public interest suggest otherwise.
Chapman Lily are currently instructed on such a development, and in order to put our client in the strongest position at an early stage, we have taken legal advice from leading Counsel on the matter at the pre-app stage. We are now in possession of a legal opinion which not only gives our client excellent tactical advice but also brings us right up to date on the relevant caselaw on what constitutes ‘major development’ in National Parks and AONBs and then, if necessary, what cases across the country have demonstrated exceptional circumstances and public interest.
If you are considering a development in a National Park or AONB and want the best planning advice on its potential to be categorised as ‘major development’ and whether it could pass the high bars of the exceptional circumstance and public interest tests, then get in touch with us.
For updates on this particular project as it progresses; watch this space!