- Cited — Whitley Parish Council, R (on the application of) v North Yorkshire County Council & Anor 2023-02-03
“…ision, weight is always a matter for the planning decision-maker (see the speech of Lord Hoffmann in Tesco Stores Ltd. v Secretary of State for the Environment [1995] 1 W.L.R. 759, at p.780F-G).…”
- Cited — ClientEarth, R (on the application of) v Secretary of State for Business, Energy and Industrial Strategy & Anor 2021-01-21
“… in a decision on an application for a development consent order (see the speech of Lord Hoffmann in Tesco Stores Ltd. v Secretary of State for the Environment [1995] 1 W.L.R. 759, at pp.764,…”
- Cited — Asda Stores Ltd, R (On the Application Of) v Leeds City Council (Rev1) 2021-01-20
“…ertake a balancing exercise, in which the ascription of weight was for the decision maker on normal [Tesco Stores Ltd. v Secretary of State for the Environment [1995] 1 W.L.R. 759] principles” (paragraph 46).…”
- Cited — Hook v Secretary of State for Housing, Communities and Local Government & Anor (Rev 1) 2020-04-03
“…l not be drawn beyond its limited role in a public law challenge (see the speech of Lord Hoffmann in Tesco Stores Ltd. v Secretary of State for the Environment [1995] 1 W.L.R. 759, at p.780G-H). The interpretation of planning policy falls ultimately within that role, but the decision-maker’s application of policy will only be reviewed on…”
- Cited — East Bergholt Parish Council, R (on the application of) v Aggett & Ors 2019-12-12
“…se of planning judgment to review beyond the range of public law (see the speech of Lord Hoffmann in Tesco Stores Ltd. v Secretary of State for the Environment [1995] 1 W.L.R. 759, at p.780F-H). Formulating national planning policy and guidance is the Government’s responsibility, not the court’s. Where the meaning of statements of policy…”
- Considered — Thornton Hall Hotel Ltd, R (On the Application Of) & Anor v Thornton Holdings Ltd 2019-04-30
“…awfulness of the decision, the court will not venture into the planning merits (see Lord Hoffmann in Tesco Stores Ltd. v Secretary of State for the Environment [1995] 1 W.L.R. 759, at p.780E-H). However, in exercising its discretion on relief under section 31(6), it must necessarily consider the particular facts of the case before it, in…”
- Cited — Gladman Developments Ltd v Canterbury City Council 2019-04-16
“…dgment on the relevant considerations the court will not disturb (see the speech of Lord Hoffmann in Tesco Stores Ltd. v Secretary of State for the Environment [1995] 1 W.L.R. 759, at p.780H). The interpretation of development plan policy, however, is ultimately a matter of law for the court. The court does not approach that task with th…”
- Cited — Hallam Land Management Ltd v Secretary of State for Communities And Local Government & Anor 2018-07-31
“…[1995] 1 W.L.R. 759, at p.780F-H) (paragraph 46). It will “vary according to the circumstances, including, for example, the extent to which relevant policies fall short of providi…”
- Cited — Goring-On-Thames Parish Council, R (on the application of) v South Oxfordshire District Council & Anor 2018-04-25
“…, subject only to the court’s intervention on public law grounds (see the speech of Lord Hoffmann in Tesco Stores Ltd. v Secretary of State for the Environment [1995] 1 W.L.R. 759, at p.780H, and the speech of Lord Keith of Kinkel, at p.764G). To describe the factors weighing in favour of planning permission, including the benefit of gen…”
- Cited — Clin v Walter Lilly & Co Ltd 2018-03-16
“…ped by national and local policy, and matters of fact and degree (see the speech of Lord Hoffmann in Tesco Stores Ltd. v Secretary of State for the Environment [1995] 1 W.L.R. 759, at p.780H and the speech of Lord Clyde in City of Edinburgh Council v Secretary of State for Scotland [1997] 1 W.L.R. 1447, at p.1459D-G). While consistency a…”