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Broadview Energy Developments Ltd v Secretary of State for Communities and Local Government [2016] EWCA Civ 562
Wind farm development – Circulation of information to interested parties – Town and Country Planning (Inquiries Procedure) Rules 2000 – Role of MPs in lobbying – Constitutional law – Planning
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Howell v Secretary of State for Communities and Local Government [2015] EWCA Civ 1189
Town and Country Planning – Wind turbine – Norfolk and Suffolk Broads Act 1988 – Statutory interpretation – Resolution of conflict between local planning policies – Inspector’s treatment of benefits of project and of condition related to noise
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Jones v Mordue and others [2015] EWCA Civ 1243
Planning (Listed Building and Conservation Areas) Act 1990, s.66(1) – Heritage assets – Whether onus on decision-maker to prove compliance – Principles applicable to determining planning applications
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R (Larkfleet Homes Ltd) v Rutland CC [2015] EWCA Civ 597
Local development documents – Neighbourhood Development Plans – Ability of neighbourhood development plans to include site allocation policies – Strategic Environmental Assessment – Requirement to consider both positive and negative environmental effects – Screening report to be read “as a whole and with a degree of benevolence”
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R (Savage) v Mansfield DC [2015] EWCA Civ 4
Town and Country Planning Act 1990 – Conservation of Habitats and Species Regulations 2010 – Status of consultation with and advice from Natural England when site not designated – Use of s.106 TCPA to avoid consequences of compensation for revocation or modification of permission
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Barnwell Manor Wind Energy Ltd v East Northamptonshire DC and ors [2014] EWCA Civ 137
Planning (Listed Buildings and Conservation Areas) Act 1990, s.66(1) – Erection of windfarm near listed building – Sufficiency of regard to setting of listed building – Interpretation of relevant policy – Adequacy of reasons
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Daws Hill Neighbourhood Forum and ors v Wycombe DC and ors [2014] EWCA Civ 228
Town and Country Planning Act 1990, ss.61F & 61G – Localism Act 2011 – Neighbourhood areas – Modifications to area specified in application for designation – Extent of local authority’s power to modify
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Europa Oil & Gas Ltd v Secretary of State for Communities and Local Government [2014] EWCA Civ 825
Town and Country Planning – National Planning Policy Framework – Appropriateness of development of mineral extraction in the Green Belt – Meaning of “mineral extraction”
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Holder v Gedling Borough Council [2014] EWCA Civ 599
Town and Country Planning – Erection of wind turbine in Green Belt – “Very special considerations” to override presumption against development – Effect of classification of matters as “Non-material Planning Issues” – Exercise of discretion not to quash permission
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Europa Oil & Gas Ltd v Secretary of State for Communities and Local Government [2014] EWCA Civ 825
Town and Country Planning – National Planning Policy Framework – Appropriateness of development of mineral extraction in the Green Belt – Meaning of “mineral extraction”
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R (TW Logistics Ltd) v Tendring DC and anor [2013] EWCA Civ 9
Town and Country Planning – Relationship of Local Plan with Conservation Area Management Plan – Interpretation of policies and resolution of conflict
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Davis v Secretary of State for Communities and Local Government [2016] EWHC 274 (Admin)
Planning – Necessary degree of permanence of buildings – Green Belt – Whether effect on openness has a bearing on inappropriateness of development
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R (Dudfield) v Forest of Dean DC [2016] EWHC 291 (Admin)
Town and country planning – Permitted development – Temporary clay pigeon shoot on agricultural land – Whether amounting to a permanent change of use – Material consideration
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Forest of Dean District Council v Secretary of State for Communities and Local Government and anor [2016] EWHC 2429 (Admin)
Town and Country Planning – National Planning Policy Framework, para.109 – “Valued landscape” – Whether inspector’s decision vitiated for misinterpretation
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Save Our Greenhills Community Group v Secretary of State for Communities and Local Government [2016] EWHC 1929 (Admin)
Town and Country Planning – Solar farm development – Heritage assets – Listed Buildings Act 1990, s.66 – Legitimate expectations – Proper enquiry into effects of revisions to scheme
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Thurrock Borough Council v Secretary of State for Communities and Local Government [2016] EWHC 200 (Admin)
Green Belt – Temporary permission for traveller accommodation – Perceived failures to apply tests correctly – Need to consider decision letter as a whole and not to take words and phrases in isolation
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R (Wilkinson) v South Hams District Council [2016] EWHC 1860 (Admin)
Town and Country Planning – Open space – Planning and Compulsory Purchase Act 2004, s.38(6) – Conflict of policies within the development plan – Habitats Directive – Derogation from requirements on grounds of public interest – Material considerations
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Gill v Secretary of State for Communities and Local Government [2015] EWHC 2660 (Admin)
Town and Country Planning Act 1990, s.288 – Appeal against refusal of consent – Basis upon which a decision letter must be read and judged
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Horsham DC v Secretary of State for Communities and Local Government [2015] EWHC 109 (Admin)
Town and Country Planning – National Planning Policy Framework, para.64 – Whether permission should be refused because a better proposal may be put forward – Whether Inspector failed to apply policy correctly – Whether Inspector acted unfairly
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Kelton v Wiltshire Council [2015] EWHC 2853 (Admin)
Town and Country Planning – Special Area of Conservation – Environmental Impact Assessment – Effect on heritage assets – Effect of involvement of a director of a potential partner of the applicants on the decision to grant permission
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Fox Land and Property Ltd v Secretary of State for Communities and Local Government [2014] EWHC 15 (Admin)
Town and Country Planning – Green Belt development – Whether the lapse of Green Belt policy relaxed controls on development – Justification of basis for Secretary of State’s failure to accept Inspector’s recommendations
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World Society for the Protection of Animals v Welsh Ministers [2014] EWHC 1896 (Admin)
Town and Country Planning – Large scale dairy unit – Balance of interest between heritage assets and economic benefits – Planning (Listed Buildings and Conservation Areas) Act 1990, s.66(1) – Irrationality of decision – Failure to give reasons
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East Northamptonshire DC and ors v Secretary of State for Communities and Local Government and ors [2013] EWHC 473 (Admin)
Wind turbine development – Listed buildings – Planning (Listed Buildings and Conservation Areas) Act 1990, s.66 – Desirability of preserving asset and setting – Comparative weight to be given – Relationship of general planning policy to listed buildings – Adequacy of reasons for Inspector’s decision
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Evans v Cornwall Council [2013] EWHC 4109 (Admin)
Town and Country Planning (General Permitted Development) Order 1995 – Permitted development for agricultural purposes – Whether prior approval of detail required – Failure to take into account material considerations – Failure to give reasons
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Secretary of State for Transport v Curzon Park Ltd & Others [2023] UKSC 30
Land Compensation Act 1961 – Section 17 Certificate of Appropriate Alternative Development (‘CAAD’) – Appeal by the Secretary of State against determination by the Upper Tribunal – were CAAD applications or decisions in relation to other sites notional applications for planning permission and material planning considerations that needed to be taken into account? – Appeal dismissed
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Richborough Estates v Cheshire East BC; Hopkins Homes v Suffolk Coastal DC [2017] UKSC 37
National Planning Policy Framework – Paragraph 49 of the NPPF – Interpretation of what is meant by a relevant policy for housing – Legal status of the NPPF – Relationship of NPPF and the local development plan
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Raeshaw Farms Ltd. v. Scottish Ministers, [2026] C.S.I.H. 10
Environmental impact assessments – Planning permission – Scotland – Wind farms – Wind turbines – Assessment of effect on environment – Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017