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Sequential test, exception test and the planning balance: lessons from the Yatton judgment

When a flood risk scheme fails the sequential test, does the decision end there? The High Court has now answered plainly. In *North Somerset District Council v Secretary of State for Housing, Communities and Local Government* [2026] EWHC 1430 (Admin),…
Posted on 18th June, 2026
, in NPPF 
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EA Flood Map for Planning: May 2026 Update — Surface Water Climate Change Data

On 28th May 2026 the Environment Agency added surface water climate change extents and banded depth layers to the Flood Map for Planning. The Check Your Long Term Flood Risk (CYLTFR) surface water data should no longer be used for…
Posted on 28th May, 2026
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Flood risk vulnerability classification explained: NPPF Annex 3 guide

Flood risk vulnerability classification is the system that sorts every kind of development — homes, hospitals, offices, power stations, car parks — by how badly it would be affected if a flood happened. Set out in Annex 3 of the…
Posted on 2nd March, 2026
, in NPPF 
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One in Nine New Homes in Flood Risk Areas – is 11% Evidence of Planning Failure?

Aviva’s latest analysis has generated prominent headlines: one in nine new homes built in England between 2022 and 2024 are in areas of medium or high flood risk. The insurer reports that 11% of the 396,602 new homes recorded during…
Posted on 23rd February, 2026
, in NPPF 
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What the Gladman Judgment Means for the Sequential Test

Flood risk, planning appeals and the High Court The High Court’s judgment in Gladman Developments Ltd v Secretary of State for Housing, Communities and Local Government and Lancaster City Council (15 January 2026) is an important decision on flood risk,…
Posted on 16th January, 2026
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December 2025 NPPF Draft | Flood Risk and Sequential Test

On 16th December 2025, the Government published a draft National Planning Policy Framework (NPPF) for consultation. The consultation is open until 10th March 2026 and the draft has no statutory force at this stage. No changes are yet enacted, and…
Posted on 18th December, 2025
, in NPPF 
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PPG flood risk: what the September 2025 Sequential Test update changed

The PPG flood risk guidance changed on 17th September 2025, and the four paragraphs it rewrote decide how a Sequential Test gets scoped and evidenced today. The sequential approach now reads across every source of flooding, surface water included. A…
Posted on 22nd September, 2025
, in NPPF 
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TCPA Raises Alarm on the Sequential Test: How Valid Are Their Concerns?

In August 2025 the Town and Country Planning Association (TCPA) issued a strongly worded briefing note on the sequential test. The paper reflects growing unease that the cornerstone of flood risk planning policy is being eroded through recent appeal decisions.…
Posted on 12th September, 2025
, in NPPF 
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Can the Sequential Test Be Reformed to Unlock Homes?

As appeals like Faversham and Yatton make clear, national policy on flood risk is straining under its own weight. The Sequential Test — originally designed to steer vulnerable development away from areas at highest flood risk — is now increasingly…
Posted on 25th July, 2025
, in NPPF 
, in SuDS 
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Texas Flooding: UK Lessons in Planning and Climate Resilience

The floods have been described as among the worst natural disasters in Texas history by officials and multiple media outlets. As of 10 July, at least 120 people are confirmed dead and 173 remain missing, with Camp Mystic, an all-girls…
Posted on 10th July, 2025
, in FEMA 
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Faversham Appeal Shifts Flood Risk Sequential Test Best Practice

A recent appeal decision (Ref: APP/V2255/W/24/3350524) has stirred interest across the planning and flood risk sectors. The case concerned an outline application for 250 homes on land at Ham Road, Faversham — partly at risk from tidal and surface water…
Posted on 3rd July, 2025
, in NPPF 
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Sequential Test Failed, Appeal Allowed: What Yatton Means for Planning

A recent planning appeal decision in Yatton provides an insightful take on how the Sequential and Exception Tests are interpreted and applied within flood risk planning policy. This appeal, concerning the proposed development of a residential scheme on land south…
Posted on 28th March, 2025
, in NPPF 
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What are the Sequential and Exception Tests?

If you’re a property developer, navigating planning requirements can feel like an uphill battle. The Sequential Test and Exception Test might seem like bureaucratic obstacles, but understanding how to approach them strategically can help unlock development opportunities in areas that…
Posted on 16th December, 2024
, in NPPF 
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Applying the Sequential Test Post-Mead: A Guide for Planning Professionals

A recent decision of the High Court, upheld by the Court of Appeal in Mead Realisations Ltd v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 279, has clarified several key aspects of national planning policy relating…
Posted on 20th February, 2024
, in NPPF 
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