“…In R. (on the application of Samuel Smith Old Brewery (Tadcaster) and another) v North Yorkshire County Council [2020] UKSC 3; [2020] PTSR 221 (at paragraph 30), Lord Carnwath cited his own reasoning, as Carnwath L.J.,in Derbyshire Dales District Council v Secretary of State for Communities and Local …”
“…itant harms. Ground 2 is that the Judge fell into error in his application of the principle in R (Samuel Smith Old Brewery) v North Yorkshire CC [2020] UKSC 3, [2020] PTSR 221 (“Samuel Smith”).…”
“…ideration” (see the judgment of Lord Carnwath in R. (on the application of Samuel Smith Old Brewery (Tadcaster) v North Yorkshire County Council [2020] UKSC 3; [2020] PTSR 221, at paragraphs 29 to 32; and the judgment of Lord Hodge and Lord Sales in R. (on the application of Friends of the Earth Ltd.) v Heathrow Airport Ltd. [2020] U…”
“…“In R (Samuel Smith Old Brewery (Tadcaster)) v North Yorkshire County Council [2020] PTSR 221 the Supreme Court endorsed the legal tests in Derbyshire Dales District Council [2010] 1 P & CR 19 and CREEDNZ Inc v Governor General [1981] 1 NZLR 172, 182 wh…”