- Cited — Whitley Parish Council, R (on the application of) v North Yorkshire County Council & Anor 2023-02-03
“…the forbidden territory of assessing the merits …” (see the judgment of the court in R. (on the application of Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214; [2020] PTSR 1446, at paragraph 273), I think it is at least arguable that in the circumstances here, in particular the absence of any alternative site or prop…”
- Cited — R. (on the application of Sarah Finch on behalf of the Weald Action Group) v Surrey County Council 2022-02-17
“…for Housing, Communities and Local Government [2021] EWCA Civ 1954, at paragraph 52; R. (on the application of Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214; [2020] PTSR 1446, at paragraph 2; and R. (on the application of Packham) v Secretary of State for Transport [2020] EWCA Civ 1004; [2021] Env. L.R. 10, in part…”
- Cited — R. (on the application of Sarah Finch on behalf of the Weald Action Group) v Surrey County Council 2022-02-17
“…2; [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 214; [2020] PTSR 1446, at paragraphs 136 to 144; the judgment of Coulson L.J. in Gathercole v Suffolk County Council [2020] EWCA Civ 1179; [2021] PTSR 359, at para…”
- Cited — Flynn, R (On the Application Of) v The London Borough of Southwark Council & Anor 2021-05-28
“…rts Act, in the sphere of planning law, are clear (see the judgment of this court in R. (on the application of Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214, [2020] P.T.S.R. 1446, at paragraphs 267 to 273). In this case, as Mr Kolinsky pointed out, the expert valuation evidence, taking account of grant, was itself …”
- Cited — Durand Education Trust, R (On the Application Of) v Secretary of State for Education 2020-12-08
“…On the other hand, in R (Plan B Earth) v Transport Secretary [2020] EWCA Civ 214, [2020] PTSR 1446, the Court of Appeal (Lindblom, Singh and Haddon-Cave LJJ) warned at paragraph 273 that “courts should still be cautious about straying, even…”
- Cited — Gathercole v Suffolk County Council 2020-09-09
“…When the Heathrow case went to appeal, ([2020] EWCA Civ 214), this court agreed with that approach. They also agreed with [434] of the Divisional Court decision, to the effect that “decisions on the inclusion or non-inc…”
- Cited — Packham, R (on the application of) v High Speed Two (Hs2) Ltd 2020-07-31
“…Appeal said in its judgment on the recent appeal in the Heathrow third runway case – R. (on the application of Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214 (at paragraphs 2 and 281 to 285) – our task in adjudicating on these claims for judicial review has nothing at all to do with the merits of HS2 as a project. T…”