Para 84 Appeal Research

We have conducted our own unique planning study in order to identify the number of appeal decisions across England in relation to para 84 applications. We surveyed data since the creation of ‘Gummers Law’ in 1997 until today where we now have para 84(e) of the NPPF and discovered a clear trend.

The graph below clearly reveals an increasing trend in the number of appeals determined under para 84 since 1997 until 2021. We are of the opinion that the Braintree ruling, handed down by the Court of Appeal in 2018, provided clarity on the issue of ‘isolation’ and enabled applicants and Local Planning Authorities alike, to better understand whether a site could benefit from para 84. This clarity had the effect of filtering out a large number of sites.

The Braintree ruling is currently the definitive guide on the application of ‘isolation’ when it comes to planning judgement under NPPF para 84. It will be interesting to see how the future of this policy plays out. Our chart will be updated annually so please check back to see how it progresses.