- Explained — R. (on the application of Sarah Finch on behalf of the Weald Action Group) v Surrey County Council 2022-02-17
“…017] EWCA Civ 1314; [2019] PTSR 1452, at paragraphs 41 and 42; and East Staffordshire Borough Council v Secretary of State for Communities and Local Government [2017] EWCA Civ 893; [2018] PTSR 88, at paragraph 50). On a fair reading, they explain why the county council decided as it did. There is no suggestion in them, or anywhere else i…”
- Considered — City & Country Bramshill Ltd v Secretary of State for Housing, Communities And Local Government & Ors 2021-03-09
“…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 Borough Council [2017] EWCA Civ 893,[2018] P.T.S.R. 88, at paragraph 50). It will never trespass into areas of planning judgment, except to consider whether such judgment has been exercised lawfu…”
- Cited — Monkhill Ltd v Secretary of State for Housing, Communities and Local Government & Anor (Rev 1) 2021-01-28
“…[2017] EWCA Civ 893] at [22(2)]);…”
- Cited — Asda Stores Ltd, R (On the Application Of) v Leeds City Council (Rev1) 2021-01-20
“….R. 1865, at paragraphs 24 to 26), and frequently confirmed in this court (see, for example, Barwood Strategic Land II LLP v East Staffordshire Borough Council [2017] EWCA Civ 893, at paragraph 50).…”
- Explained — Gluck v Secretary of State for Housing, Communities And Local Government & Anor 2020-12-21
“…746, at paragraph 7). Expanding on the point in East Staffordshire Borough Council v Secretary of State for Communities and Local Government [2017] EWCA Civ 893,[2018] PTSR 88, Lindblom LJ had explained at paragraph 50:…”
- Cited — Hook v Secretary of State for Housing, Communities and Local Government & Anor (Rev 1) 2020-04-03
“…e than once, excessive legalism must be avoided (see, for example, East Staffordshire Borough Council v Secretary of State for Communities and Local Government [2017] EWCA Civ 893, [2018] P.T.S.R. 88, at paragraph 50). The court will not second-guess the decision-maker’s findings of fact unless some obvious mistake has occurred, nor inte…”
- Cited — CPRE Surrey v Waverley Borough Council 2019-10-31
“…nts of planning policy and guidance are not equivalent to statements of legal principle (see Barwood Strategic Land II LLP v East Staffordshire Borough Council [2017] EWCA Civ 893, at paragraph 13).…”
- Cited — Chichester District Council v Secretary of State for Housing, Communities And Local Government & Anor 2019-10-09
“…r Communities and Local Government [2017] 1 W.L.R. 1865, at paragraph 26, and my judgment in Barwood Strategic Land II LLP v East Staffordshire Borough Council [2017] EWCA Civ 893, at paragraph 50).…”
- Cited — Hallam Land Management Ltd v Secretary of State for Communities And Local Government & Anor 2018-07-31
“…[2017] EWCA Civ 893, at paragraph 22).…”
- Applied — Goring-On-Thames Parish Council, R (on the application of) v South Oxfordshire District Council & Anor 2018-04-25
“…rafting of grounds in claims for judicial review and statutory challenges (see, for example, Barwood Strategic Land II LLP v East Staffordshire Borough Council [2017] EWCA Civ 893, at paragraph 50). The same should apply to the drafting of grounds of appeal.…”
- Cited — Braintree District Council v Secretary of State for Communities and Local Government & Ors 2018-03-28
“…[2017] EWCA Civ 893, at paragraphs 22 and 50).…”
- Cited — Samuel Smith Old Brewery (Tadcaster) Oxton Farm v North Yorkshire County Council & Anor 2018-03-16
“…[2017] EWCA Civ 893, at paragraphs 9 to 14). Ms Lieven was also right to remind us of this court’s recent warnings against excessive legalism infecting the planning system (see my…”
- Cited — Jelson Ltd v Secretary of State for Communities and Local Government & Anor 2018-01-19
“…[2017] EWCA Civ 893, at paragraphs 22 and 23).…”