The Interpretation of Planning Policy: The Role of the Court

Alistair Mills

Journal of Environmental Law, 2022, vol. 34, issue 3, 419-440

Abstract: The interpretation of planning policy is important in English planning law both in theory and in practice but, nevertheless, it is under-examined in the literature. This article focuses on the question of the appropriate role of the court in relation to planning policy. Judges have an important role in promoting a consistent approach to policy, such that the guiding function of policy is enhanced. However, the distinction which is drawn between the interpretation and application of policy is too simplistic, as is a binary distinction between ‘broad’ and ‘specific’ planning policies. A better approach is to recognise that there are four types of questions which arise in the interpretation of policy, which this article sets out to explain.

Keywords: planning policy; National Planning Policy Framework; English planning law; interpretation; courts (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:oup:envlaw:v:34:y:2022:i:3:p:419-440.

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