- Cited — Together Against Sizewell C Limited, R (on the application of) v Secretary of State for Energy Security and Net Zero 2023-12-20
“…Ashchurch, at paragraphs 81, 83, 100 or 105, the judgment of Sales L.J. in Smyth v Secretary of State for Communities and Local Government [2015] EWCA Civ 174; [2015] PTSR 1417, at paragraph 80, and the judgment of Laws L.J. in Bowen-West, at paragraphs 39 to 42, echoed in decisions of the Planning Court; see, for example, the judgmen…”
- Cited — David Sahota, R (on the application of) v Herefordshire Council 2022-12-13
“…Before us particular reliance was placed by Mr Goodman on Smyth v Secretary of State for Communities and Local Government [2015] EWCA Civ 174, [2015] PTSR 1417, at para. 83, where Sales LJ said:…”
- 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
“…t paragraph 41, and the judgment of Lord Justice Sales, as he then was, in Smyth v Secretary of State for Communities and Local Government [2015] EWCA Civ 174; [2015] PTSR 1417, at paragraph 83). In a legal challenge to a competent authority’s decision, the role of the court is not to undertake its own assessment, but to review the pe…”
- Explained — The Queen (on the application of Ronald Wyatt, Chairperson of BARAD, acting in a representative capacity) v Fareham Borough Council & Ors. 2022-07-15
“… to do so. That is for the same reason, explained by Lord Justice Sales in Smyth v Secretary of State for Communities and Local Government [2015] EWCA Civ 174, [2015] PTSR 1417, that a planning authority must place considerable weight on the response of Natural England in response to a consultation under Regulation 63(3):…”