- Followed — Thurston Parish Council, R (on the application of) v Mid Suffolk District Council & Anor. 2022-10-28
“…In Hopkins Homes Ltd v Secretary of State for Community and Local Government [2017] UKSC 37; [2017] 1 WLR 1865, at para. 26, Lord Carnwath JSC emphasised the distinction between the interpretation of a planning policy and its application as follows:…”
- Explained — Paul Newman New Homes Ltd v Secretary of State for Housing, Communities And Local Government 2021-01-12
“…h paragraphs 14 and 49 interacted was described by Lord Carnwath in Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2017] UKSC 37, [2017] 1 WLR 1865 at paragraph [54]. He explained that in the absence of relevant or up-to-date development plan policies, the balance was tilted in favour of the grant of permi…”
- Applied — DB Symmetry Ltd v Swindon Borough Council & Anor 2020-10-16
“…ts in policy judgments within their areas of specialist competence: Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2017] UKSC 37, [2017] 1 WLR 1865. Although this was said in the context of the interpretation and application of national policy it also applies (though perhaps to a lesser extent) to the inte…”
- Cited — Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council 2020-10-02
“…The judge was influenced by Lord Carnwath’s statement in Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2017] UKSC 37, [2017] 1 WLR 1865 at [25]:…”
- Cited — Oxton Farm v Harrogate Borough Council 2020-06-25
“…sequence that the tilted balance is triggered on a different basis: Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2017] UKSC 37, [2017] 1 WLR 1865 at [58]. A policy may be out of date because of a change in national policy or because of things that have happened on the ground, or for some other reason: Bl…”
- Cited — Gladman Developments Ltd v Canterbury City Council 2019-04-16
“…advancing that proposition, he urged on us that, in accordance with Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2017] UKSC 37, [2017] 1 WLR 1865 at [22] and [72] the local plan should be interpreted objectively, in accordance with its language read in its proper context. Ms Tafur presented a more nuance…”