- Cited — Whitley Parish Council, R (on the application of) v North Yorkshire County Council & Anor 2023-02-03
“…ry of assessing the merits …” (see the judgment of the court in R. (on the application of Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214; [2020] PTSR 1446, at paragraph 273), I think it is at least arguable that in the circumstances here, in particular the absence of any alternative site or proposal, it would hav…”
- Doubted — The Queen (on the application of Ronald Wyatt, Chairperson of BARAD, acting in a representative capacity) v Fareham Borough Council & Ors. 2022-07-15
“…mance of that duty (see the judgment of Sales L.J. in Smyth, at paragraph 80, and the judgment of this court in Plan B Earth v Secretary of State for Transport [2020] PTSR 1446, at paragraphs 68 and 75 to 79, which were not doubted by the Supreme Court in the same proceedings ([2021] PTSR 190)). When exercising its supervisory functio…”
- Cited — R. (on the application of Sarah Finch on behalf of the Weald Action Group) v Surrey County Council 2022-02-17
“…ies and Local Government [2021] EWCA Civ 1954, at paragraph 52; R. (on the application of Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214; [2020] PTSR 1446, at paragraph 2; and R. (on the application of Packham) v Secretary of State for Transport [2020] EWCA Civ 1004; [2021] Env. L.R. 10, in particular at paragrap…”
- Cited — R. (on the application of Sarah Finch on behalf of the Weald Action Group) v Surrey County Council 2022-02-17
“…t paragraphs 142 to 145; the judgment of the Court of Appeal in R. (on the application of Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214; [2020] PTSR 1446, at paragraphs 136 to 144; the judgment of Coulson L.J. in Gathercole v Suffolk County Council [2020] EWCA Civ 1179; [2021] PTSR 359, at paragraphs 53 to 55; t…”
- Cited — Durand Education Trust, R (On the Application Of) v Secretary of State for Education 2020-12-08
“…On the other hand, in R (Plan B Earth) v Transport Secretary [2020] EWCA Civ 214, [2020] PTSR 1446, the Court of Appeal (Lindblom, Singh and Haddon-Cave LJJ) warned at paragraph 273 that “courts should still be cautious about straying, even subconsciously, i…”