- Cited — Persimmon Homes (Thames Valley) Limited v Worthing Borough Council 2023-06-30
“…KSC 37, at paragraphs 22 to 26, and the leading judgment in this court in St Modwen Developments Ltd. v Secretary of State for Communities and Local Government [2017] EWCA Civ 1643, [2018] PTSR 746, at paragraphs 6 and 7). Caution is essential.Only if the decision is plainly bad in law will the court intervene. As with planning officers’ …”
- 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
“…for example, what was said in Mansell, at paragraph 42; and in St Modwen Developments Ltd. v Secretary of State for Communities and Local Government and others [2017] EWCA Civ 1643, at paragraph 7).…”
- Cited — City & Country Bramshill Ltd v Secretary of State for Housing, Communities And Local Government & Ors 2021-03-09
“…enge to an inspector’s decision on a planning appeal are well established (see St Modwen Developments v Secretary of State for Communities and Local Government [2017] EWCA Civ 1643, [2018] P.T.S.R. 746, at paragraph 6). The court will not be drawn into an unduly legalistic approach (see Barwood Strategic Land II LLP v East Staffordshire B…”
- Cited — Ikram v Secretary of State for Housing, Communities And Local Government & Ors 2021-01-06
“…lling Borough Council [2017] EWCA Civ 1314, at para. 41 (Lindblom LJ); and St Modwen Developments Ltd v Secretary of State for Communities and Local Government [2017] EWCA Civ 1643, at para. 7, where Lindblom LJ said that an Inspector’s decision “should not be laboriously dissected in an effort to find fault”.…”
- Cited — East Bergholt Parish Council, R (on the application of) v Aggett & Ors 2019-12-12
“… years – an approach said to be contrary to the decision of this court in St Modwen Developments Ltd. v Secretary of State for Communities and Local Government [2017] EWCA Civ 1643; [2018] P.T.S.R. 746 (ground 1 and ground 2 in part, and the district council’s respondent’s notice)? And second, did it improperly take into account the possi…”
- Cited — Hallam Land Management Ltd v Secretary of State for Communities And Local Government & Anor 2018-07-31
“…[2017] EWCA Civ 1643, at paragraphs 36 and 37). It is not the role of the court to add to or refine the policies of the NPPF, but only to interpret them when called upon to do so, …”
- Cited — Braintree District Council v Secretary of State for Communities and Local Government & Ors 2018-03-28
“…[2017] EWCA Civ 1643, at paragraph 7). Excessive legalism in the planning system is always to be deprecated (see my judgment in…”
- Cited — Samuel Smith Old Brewery (Tadcaster) Oxton Farm v North Yorkshire County Council & Anor 2018-03-16
“…[2017] EWCA Civ 1643, at paragraph 7). And she was right to submit that an officer’s report to committee must be read with reasonable benevolence (see my judgment in…”
- Cited — Jelson Ltd v Secretary of State for Communities and Local Government & Anor 2018-01-19
“…[2017] EWCA Civ 1643, at paragraph 36).…”
- Cited — Preston New Road Action Group v Secretary of State for Communities & Anor 2018-01-12
“…ing the review of planning decisions, recently confirmed by this court in St Modwen Developments Ltd. v Secretary of State for Communities and Local Government [2017] EWCA Civ 1643 (see my judgment, at paragraph 6).…”