Updated August 2025

So, what is the ‘tilted balance’?

Whilst the ‘tilted balance’ is a policy approach in the National Planning Policy Framework (NPPF), there is no specific reference to the term within it. Rather, it is shorthand for the presumption in favour of sustainable development contained within Paragraph 11(d) of the NPPF. 

This states that where there are no relevant Development Plan policies, or if the policies which are most important for determining a planning application are ‘out of date’ planning permission should be granted, unless:

1. The application of policies in the NPPF that protect areas or assets of particular importance (as defined by the NPPF) provides a strong reason for refusing development. 
2. Any adverse impacts of granting planning permission would significantly and demonstrably outweigh the benefits when assessed against the NPPF, having particular regard both individually or in combination to key policies for directing development to sustainable locations, alongside securing well-designed places and providing affordable homes.

The term ‘tilted balance’ is used to define this passage of policy because, when engaged, the tilted balance should change the ‘balancing exercise’ which the decision-maker (planning officer, inspector or secretary of state) uses when deciding whether or not to grant planning permission. The balance is whether the impacts ‘significantly and demonstrably’ outweigh the benefits of granting permission. The tilted balance ‘tilts’ the balance in favour of approving an application.

When the tilted balance is engaged, it is necessary to conduct a planning balance in determining applications and appeals. This is where the decision-making will afford varying degrees of weight to the harms and benefits associated with a proposed development. It is a nuanced and subjective process, and not as clear-cut as one benefit outweighs one harm.

What is meant by a ‘protected area’ or ‘asset of importance’?

Footnote 7 of the NPPF sets out a list of policies contained within the NPPF that protect areas or assets of importance, such as habitat sites, Sites of Special Scientific Interest (SSSI), Green Belt, Local Green Space, National Landscapes (formerly Areas of Outstanding Natural Beauty), National Parks, Heritage Coast, irreplaceable habitats, designated heritage assets, and areas at risk of flooding or coastal change.

What is meant by the term ‘out of date’?

Footnote 8 of the NPPF explains that the term ‘out of date’ could include situations where the LPA cannot demonstrate five-year housing land supply, or where the Housing Delivery Test indicates that the delivery of housing was below 75% of the requirements for the past three years. 

However, there are other ways that a Local Plan or specific policy may be considered to be out of date, such as if it no longer performs its intended role, or if certain material considerations mean that the policy can no longer be relied upon or given weight. These matters will need to be considered through individual planning applications, and the level of weight given to them is a matter for the decision-maker.

Does the tilted balance guarantee planning permission?

The tilted balance does not guarantee consent nor does it replace the legal responsibility of the decision-maker to first consider whether planning permission should be granted in accordance with the Development Plan, when read as a whole, unless material considerations indicate otherwise. A key material consideration is the NPPF, and whether the tilted balance would be engaged under Paragraph 11(d). 

Whilst the tilted balance may be engaged, the decision-maker can, with appropriate reasoning, refuse planning permission if the impacts associated with a proposed development outweigh the benefits.

Further information

Contact Harry Ramsey

Savills Planning