Q In applying PPG 3, how do you reconcile para 32, which creates a presumption in favour of brownfield land, with para 34, which requires local authorities to identify sufficient sites for housing development for at least five years?
A The latter paragraph is a factor, but not a trumping factor, to be taken into account when applying the brownfield presumption: see the decision of the Court of Appeal in Alderney Estates Ltd v Secretary of State for Transport, Local Government and the Regions [2003] 10 EG 163 (CS).
