- Cited — Persimmon Homes (Thames Valley) Limited v Worthing Borough Council 2023-06-30
“…t version of the NPPF correctly. To misunderstand the policy would be an error of law (see the judgment of Lord Reed in Tesco Stores Ltd. v Dundee City Council [2012] UKSC 13, at paragraphs 17 to 19).While the court will not interfere with an inspector’s application of a planning policy, which is a matter of planning judgment, it wi…”
- Cited — Glenn Kinnersley, R (on the application of) v Maidstone Borough Council 2023-02-22
“…[2012] UKSC 13, [2012] PTSR 983, and see the summary of relevant principles set out by Holgate J. in…”
- Cited — William Corbett v Cornwall Council 2022-07-27
“…thorities “cannot make the development plan mean whatever they would like it to mean” (see the judgment of Lord Reed in Tesco Stores Ltd. v Dundee City Council [2012] UKSC 13; [2012] PTSR 983, at paragraphs 17 to 19). But as was said in this court in R. (on the application of Corbett) v Cornwall Council [2020] EWCA Civ 508 (at parag…”
- Cited — Lopes, R (On the Application Of) v Secretary of State for the Home Department & Anr 2021-05-27
“…rt must take into account that it is not a contract or a statute, and should be given a sensible, practical meaning (Tesco Stores Limited v Dundee City Council [2012] UKSC 13; [2012] PTSR 983, paragraphs 18 and 19).…”
- Applied — City & Country Bramshill Ltd v Secretary of State for Housing, Communities And Local Government & Ors 2021-03-09
“…icy and in reviewing its application, is limited (see Hopkins Homes Ltd., at paragraphs 24 to 26). As Lord Reed said in Tesco Stores Ltd. v Dundee City Council [2012] UKSC 13, [2012] P.T.S.R. 983 (in paragraph 18), where decision-makers are required to exercise judgment in applying a policy to a given set of facts, “their exercise o…”
- Cited — Leech Homes Ltd v Northumberland County Council 2021-02-19
“… in the development plan. The interpretation of such policies is a question of law rather than one of planning judgment: Tesco Stores Ltd v Dundee City Council [2012] UKSC 13, [2012] PTSR 983. Material considerations include national planning policy.…”
- Cited — ClientEarth, R (on the application of) v Secretary of State for Business, Energy and Industrial Strategy & Anor 2021-01-21
“…relevant policy objectively, in its context, and having regard to its evident purpose (see the judgment of Lord Reed in Tesco Stores Ltd. v Dundee City Council [2012] UKSC 13, at paragraphs 17 to 19, the judgment of Lord Carnwath in Suffolk Coastal District Council v Hopkins Homes Ltd. [2017] UKSC 37, at paragraphs 22 to 26). These …”
- Cited — Asda Stores Ltd, R (On the Application Of) v Leeds City Council (Rev1) 2021-01-20
“…cy, and the clear distinction between them, have been identified at the highest level (see the judgment of Lord Reed in Tesco Stores Ltd. v Dundee City Council [2012] UKSC 13; [2012] P.T.S.R. 983, at paragraphs 18 and 19, and the judgment of Lord Carnwath in Hopkins Homes Ltd. v Secretary of State for Communities and Local Governmen…”
- Cited — Flores, R (on the application of) v London Borough of Southwark 2020-12-15
“… document, is for the court to determine (cf. in a planning context, the well-known passage from Lord Reed’s judgment in Tesco Stores Ltd v Dundee City Council [2012] UKSC 13, [2012] PTSR 983 at [18] and [19]), but the court’s approach to its interpretation should be in accordance with the guidance given by this court in R (Ariemugu…”
- Cited — Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council 2020-10-02
“…rpretation of a planning policy is a question of law for the court. It is to be contrasted with the exercise of planning judgment: Tesco Stores Ltd v Dundee CC [2012] UKSC 13, [2012] PTSR 983. The exercise of planning judgment has been described as forbidden territory, into which the court may not stray: Keep Bourne End Green v Buck…”
- Cited — Peel Investments (North) Ltd v Secretary of State for Housing, Communities And Local Government & Anor 2020-09-03
“…like any statement of planning policy, the interpretation of the terms of the policy is a question of law for the court: Tesco Stores Ltd v Dundee City Council [2012] UKSC 13.…”
- Cited — Cotter (A Child), R (On the Application Of) v The National Institute for Health And Care Excellence (NICE) & Anor (Rev 1) 2020-08-06
“…Citing the well-known passage from Lord Reed’s judgment in Tesco Stores Ltd v Dundee City Council [2012] UKSC 13, [2012] PTSR 983 at [18] and [19], he held that the meaning of the document was for determination by the court, interpreting the document objectively in accord…”
- Cited — Corbett, R (On the Application Of) v 2020-04-09
“…Those general propositions were acknowledged by Lord Hope of Craighead in Tesco Stores Ltd. v Dundee City Council [2012] UKSC 13; [2012] 2 P. & C.R. 9 (at paragraph 34). And Lord Reed observed in his judgment in that case (at paragraph 19):…”
- Cited — Hook v Secretary of State for Housing, Communities and Local Government & Anor (Rev 1) 2020-04-03
“…aw. They are broad concepts of planning policy, used in a wide range of circumstances (see the judgment of Lord Reed in Tesco Stores Ltd. v Dundee City Council [2012] UKSC 13; [2012] 2 P. & C.R. 9,at paragraph 19). Where a question of policy interpretation properly arises, understanding those concepts requires a sensible reading of …”
- Cited — East Bergholt Parish Council, R (on the application of) v Aggett & Ors 2019-12-12
“…tements of policy is in dispute, the court has a proper role in construing the policy (see the judgment of Lord Reed in Tesco Stores Ltd. v Dundee City Council [2012] UKSC 13; [2012] P.T.S.R. 983, at paragraphs 17 to 22). A decision-maker’s failure to understand relevant policy is an error of law, and the court may then intervene (s…”
- Cited — CPRE Surrey v Waverley Borough Council 2019-10-31
“…Council [2012] UKSC 13, at paragraphs 17 to 19, and the judgment of Lord…”
- Cited — Wiltshire Council v Cooper Estates Strategic Land Ltd 2019-05-16
“…may pull in different directions: Tesco Stores Ltd v Dundee CC [2012] UKSC 13, [2012] PTSR 983. Supporting text is relevant to the interpretation of the policies; but cannot trump the policies themselves: R (Cherkley Campaign Ltd) v Mole…”
- Cited — Waterstone Estates Ltd v The Welsh Ministers 2018-07-06
“…The true interpretation of policy is a matter of law for the court to determine (Tesco Stores Ltd v Dundee City Council [2012] UKSC 13; [2012] PTSR 983 (“Tesco Stores v Dundee”) at [17]-[22] per Lord Reed JSC). However, such broad statements of policy as are found in the Local Plan and PPW are…”
- Cited — Braintree District Council v Secretary of State for Communities and Local Government & Ors 2018-03-28
“…[2012] UKSC 13, at paragraphs 19 to 22, Sullivan L.J.’s judgment in…”
- Distinguished — Samuel Smith Old Brewery (Tadcaster) Oxton Farm v North Yorkshire County Council & Anor 2018-03-16
“…[2012] UKSC 13, at paragraphs 18 and 19). It is necessary to distinguish between issues of interpretation, appropriate for judicial analysis, and issues of planning judgment …”