NPPF paragraph 11(d) — what the tilted balance means for your planning application
What the tilted balance is, when it applies, how Housing Delivery Test results affect it, and how to use it to strengthen your planning application.
The "tilted balance" is one of the most powerful tools available in a residential planning application — but it is also one of the most misunderstood. This guide explains what it is, when it applies, and how to use it effectively in a Design & Access Statement or planning statement.
What is the tilted balance?
The tilted balance is the presumption in favour of sustainable development set out in paragraph 11(d) of the National Planning Policy Framework (December 2023). When it applies, the normal approach to decision-making is tilted in favour of granting permission. Instead of asking whether the proposal complies with the development plan, the question becomes whether the adverse impacts of the proposal "significantly and demonstrably outweigh" the benefits.
This is a fundamentally different — and more favourable — test for applicants. Under the normal development plan-led approach (§11(c)), a proposal can be refused if it does not comply with relevant policies. Under the tilted balance, refusal requires the LPA to demonstrate that harms significantly and demonstrably outweigh benefits. This is a high bar to clear, particularly for housing proposals in areas of acknowledged housing need.
When does the tilted balance apply?
Paragraph 11(d) applies in two main circumstances:
- The LPA cannot demonstrate a five-year housing land supply (5YHLS) — where the council lacks sufficient identified housing sites to meet its housing requirement for the next five years
- The Housing Delivery Test result is below 75% — where the council has delivered fewer than 75% of the homes required over the previous three years
In both cases, relevant policies for the supply of housing are deemed out of date, and the tilted balance is engaged. There is also a third trigger — where the LPA's development plan is more than five years old and contains no relevant housing supply policies — though this is less commonly encountered in practice.
The tilted balance does not apply where the development would be in a location protected under §15 (natural environment) or §16 (heritage) of the NPPF, or where specific policies in §14 indicate development should be restricted. This includes Green Belt, Areas of Outstanding Natural Beauty, Special Areas of Conservation, and sites of special scientific interest. Even where the tilted balance is engaged, these protections remain in force.
The Housing Delivery Test
The Housing Delivery Test (HDT) is published annually by the Department for Levelling Up, Housing and Communities (DLUHC), typically in December. It measures the number of homes delivered in each local planning authority area over the previous three years as a percentage of the housing requirement over that period.
| HDT result | Consequence |
|---|---|
| Below 95% | LPA must prepare an action plan |
| Below 85% | 20% buffer applied to 5YHLS calculation |
| Below 75% | Tilted balance engaged — presumption in favour applies |
The HDT results for all English LPAs are publicly available on the Planning Practice Guidance website. Architects and planning consultants should check the latest results before preparing a statement for any residential application.
Current position in Buildwise-supported councils
The five councils currently supported by Buildwise all have the tilted balance engaged. The HDT 2023 results (published December 2024) show:
| Council | HDT result | Tilted balance |
|---|---|---|
| Rother District Council | 43% | Yes |
| Eastbourne Borough Council | 28% | Yes |
| Wealden District Council | 80% | Yes |
| Hastings Borough Council | <75% | Yes |
| Lewes District Council | 89% | Likely |
Eastbourne is one of the worst-performing councils nationally at 28%, making the tilted balance particularly powerful for residential applications in that area.
How to use the tilted balance in your statement
Where the tilted balance applies, it should be explicitly engaged in the planning policy section of the DAS or planning statement. The argument should:
- Establish the trigger — confirm that the LPA cannot demonstrate a five-year housing land supply and/or that the HDT result is below 75%, citing the relevant published evidence
- Invoke §11(d) — state that relevant housing supply policies are out of date and that paragraph 11(d) applies
- Set out the benefits clearly — housing delivery, economic activity during construction, contributions to local facilities, any affordable housing provision
- Address potential harms — identify any harms and explain why they do not significantly and demonstrably outweigh the benefits
- Conclude assertively — state that planning permission should be granted in accordance with the presumption in §11(d)
Where a proposal could be achieved — in whole or in part — under permitted development rights, this weakens the grounds for refusal. Courts have established that where an LPA could not prevent a development from proceeding under PD rights, it is difficult to justify refusing planning permission for a scheme that goes only modestly further. This argument is particularly effective for larger home extensions that fall just outside PD limits.
Buildwise and the tilted balance
Buildwise automatically checks the five-year housing land supply status and HDT result for each supported council, and engages the tilted balance in every DAS where it applies. The policy section of each generated statement cites §11(d) with the correct framing, sets out the housing benefits of the proposal, and addresses the balancing exercise required by the NPPF.
For applications in Rother, Eastbourne, Wealden, Hastings, and Lewes, this argument is available on every residential application — and Buildwise includes it automatically.
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