- Cited — Gladman Developments Ltd v Secretary of State for Housing, Communities and Local Government 2021-02-03
“…whether “material considerations indicate otherwise” –that will not be unlawful (see Secretary of State for Communities and Local Government v BDW Trading Ltd. [2016] EWCA Civ 493, at paragraph 21).…”
- Cited — Asda Stores Ltd, R (On the Application Of) v Leeds City Council (Rev1) 2021-01-20
“…ion 38(6) of the 2004 Act. This, of course, must be lawfully done in every case (see Secretary of State for Communities and Local Government v BDW Trading Ltd. [2016] EWCA Civ 493, at paragraph 21). Within the overall process of determination under the statutory scheme, the considerations favouring the proposal will have to be powerful e…”
- Cited — Corbett, R (On the Application Of) v 2020-04-09
“…Findlay reminded us of the principles that emerge from the relevant authorities (see BDW Trading Ltd. v Secretary of State for Communities and Local Government [2016] EWCA Civ 493; [2017] P.T.S.R. 1337, at paragraphs 18 to 23; Gladman Developments Ltd. v Canterbury City Council [2019] EWCA Civ 669; [2019] P.T.S.R. 1714, at paragraphs 21 …”
- Applied — Chichester District Council v Secretary of State for Housing, Communities And Local Government & Anor 2019-10-09
“…1460, and my judgment in Secretary of State for Communities and Local Government v BDW Trading Ltd. (T/A David Wilson Homes (Central, Mercia and West Midlands) [2016] EWCA Civ 493, atparagraphs 18 to 23). The presumption applies to the statutorily adopted plan as a whole(see the judgment of Lord Reed in Tesco Stores Ltd. v Dundee City Co…”
- Cited — Gladman Developments Ltd v Canterbury City Council 2019-04-16
“… 33; and my judgment in Secretary of State for Communities and Local Government v BDW Trading Ltd. (T/A David Wilson Homes (Central, Mercia and West Midlands)) [2016] EWCA Civ 493, at paragraphs 18 to 23).…”