- Cited — Together Against Sizewell C Limited, R (on the application of) v Secretary of State for Energy Security and Net Zero 2023-12-20
“…t of Andrews L.J. in 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 ex…”
- 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 — David Sahota, R (on the application of) v Herefordshire Council 2022-12-13
“…nt of Sales LJ, with whom Richards and Lewison LJJ agreed, in R. (on the application of Dianne Smyth) v Secretary of State for Communities and Local Government [2015] EWCA Civ 174, at [78]–[81]). ,,,”…”
- 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
“…015] 1 W.L.R. 3170, at 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, bu…”
- 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
“…t has good reason not 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 6…”
- Applied — Wingfield, R (on the application of) v Canterbury City Council & Anor 2020-11-27
“…ase that the standard was met, and the Wednesbury test was correctly applied in accordance with Smyth v Secretary of State for Communities and Local Government [2015] EWCA Civ 174. Those conclusions too are unassailable.…”
- Cited — Plan B Earth v Secretary of State for Transport 2020-02-27
“…lity. In coming to this conclusion, it relied on the judgment of Sales L.J., as he then was, in Smyth v Secretary of State for Communities and Local Government [2015] EWCA Civ 174; [2016] Env. L.R. 7 (at paragraphs 78 to 80), and the judgment of Peter Jackson L.J. in R. (on the application of Mynydd y Gwynt) v Secretary of State for Busi…”
- Cited — Mynnydd Y Gwynt Ltd, R (on the application of) v Secretary of State for Business Energy And Industrial Strategy 2018-02-22
“…[2015] EWCA Civ 174 at [78] (“…”