- Cited — Whitley Parish Council, R (on the application of) v North Yorkshire County Council & Anor 2023-02-03
“… outdated as national policies change” (see the speech of Lord Hope of Craighead in City of Edinburgh Council v Secretary of State for Scotland [1997] UKHL 38; [1997] 1 W.L.R. 1447, at p.1450C-D, and the speech of Lord Clyde at p.1458C-F).…”
- Cited — The Queen (on the application of Ronald Wyatt, Chairperson of BARAD, acting in a representative capacity) v Fareham Borough Council & Ors. 2022-07-15
“…ision should be made, as the statute presumes, in accordance with the plan (see the speech of Lord Clyde in City of Edinburgh v Secretary of State for Scotland [1997] 1 W.L.R. 1447, at pp.1458 and 1459). If the decision-maker fails to have regard to a relevant policy in the plan or to interpret it properly, conscious that relevant policie…”
- Cited — City & Country Bramshill Ltd v Secretary of State for Housing, Communities And Local Government & Ors 2021-03-09
“…made in accordance with the development plan unless material considerations indicate otherwise (see City of Edinburgh Council v Secretary of State for Scotland [1997] 1 W.L.R. 1447).…”
- Cited — Gladman Developments Ltd v Secretary of State for Housing, Communities and Local Government 2021-02-03
“…, in a manner appropriate to the circumstances of the case in hand (see 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 to p.1460D, and Wynn-Williams v Secretary of State for Communities and Local Government [2014] EWHC 3374 (Admin), at paragraphs 38 and 39).…”
- Cited — Liverpool Open And Green Spaces Community Interest Company, R (On the Application Of) v Liverpool City Council 2020-07-09
“…ill not be taken beyond its limited role in a public law challenge (see the speech of Lord Clyde in City of Edinburgh Council v Secretary of State for Scotland [1997] 1 W.L.R. 1447, at p.1458G to p.1459D). As this court has often said, an unduly legalistic approach must be avoided (see, for example, East Staffordshire Borough Council v Se…”
- Cited — Corbett, R (On the Application Of) v 2020-04-09
“…He then referred to the observations to that effect made by Lord Clyde in City of Edinburgh Council v Secretary of State for Scotland [1997] 1 W.L.R. 1447 (at p.1459D-F):…”
- Cited — Chichester District Council v Secretary of State for Housing, Communities And Local Government & Anor 2019-10-09
“…t creates a statutory presumption in favour of the development plan (see the speech of Lord Clyde in City of Edinburgh Councilv Secretary of State for Scotland [1997] 1 W.L.R. 1447 at, pp.1449, 1450 and 1458 to 1460, and my judgment in Secretary of State for Communities and Local Government v BDW Trading Ltd. (T/A David Wilson Homes (Cent…”
- Cited — Oyston Estates Ltd, R (On the Application Of) v Fylde Borough Council 2019-07-05
“…tion in its favour in planning decision-making under section 38(6) (see the speech of Lord Clyde in City of Edinburgh Council v Secretary of State for Scotland [1997] 1 W.L.R. 1447, at pp.1450, and 1458 to 1460).…”
- Cited — Gladman Developments Ltd v Canterbury City Council 2019-04-16
“…rehend the relevant policies is liable to be fatal to the decision (see the speech of Lord Clyde in City of Edinburgh Council v Secretary of State for Scotland [1997] 1 W.L.R. 1447, at pp.1450, and 1458 to 1460; the judgment of Lord Reed in Tesco Stores Ltd. v Dundee City Council [2012] P.T.S.R. 983, at paragraphs 18, and 21 to 23; the ju…”
- Cited — Clin v Walter Lilly & Co Ltd 2018-03-16
“…cretary 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 and predictability in planning decision-making are worthy objectives of planning policy, the process is inherently uncertain.…”