- Followed — Together Against Sizewell C Limited, R (on the application of) v Secretary of State for Energy Security and Net Zero 2023-12-20
“…e projects was described by Lord Hodge and Lord Sales in R. (on the application ofFriends of the Earth Ltd.) v Secretary of State for Transport [2020] UKSC 52, [2021] PTSR 190, at paragraphs 19 to 38. It includes those provisions which govern the designation of a national policy statement under section 5 of the 2008 Act, following a …”
- Cited — Chala Alice Fiske, R (on the application of) v Test Valley Borough Council 2023-12-15
“…ationality test” (see the judgment of Lord Hodge and Lord Sales in R. (on the application of Friends of the Earth Ltd.) v Heathrow Airport Ltd. [2020] UKSC 52; [2021] PTSR 190, at paragraphs 116 to 119).…”
- Cited — Ashchurch Rural Parish Council, R (on the application of) v Tewksbury Borough Council 2023-02-07
“…P& CR 19. See also the helpful exposition of the principle by Lord Hodge and Lord Sales JJSC in R (Friends of the Earth) v Heathrow Airport Ltd [2020] UKSC 52, [2021] PTSR 190 at [116]-[121].…”
- 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
“… 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 function, the court will apply the normal Wednesbury standard, not a heightened standard such as “anxious scrutiny” (cf. R. …”
- Cited — R. (on the application of Sarah Finch on behalf of the Weald Action Group) v Surrey County Council 2022-02-17
“…he “Wednesbury” standard (see the judgment of the Supreme Court in R. (on the application of Friends of the Earth Ltd.) v Heathrow Airport Ltd. [2020] UKSC 52; [2021] PTSR 190, at 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 21…”