- Cited — Persimmon Homes (Thames Valley) Limited v Worthing Borough Council 2023-06-30
“…lenge to an inspector’s decision are well established (see, for example, the judgment of Lord Carnwath in Suffolk Coastal District Council v Hopkins Homes Ltd. [2017] UKSC 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]…”
- Cited — Persimmon Homes (Thames Valley) Limited v Worthing Borough Council 2023-06-30
“…t the policy means and requires(see the judgment of Lord Carnwath in Suffolk Coastal District Council v Secretary of State for Communities and Local Government [2017] UKSC 37, at paragraphs 22 to 36).…”
- Cited — East Quayside 12 LLP v The Council of the City of Newcastle Upon Tyne 2023-03-31
“…specialist planning inspectors (see, for example, the judgment of Lord Carnwath in Hopkins Homes Ltd. v Secretary of State for Communities and Local Government [2017] UKSC 37; [2017] 1 W.L.R. 407, at paragraphs 24 to 28, and, in this court, the leading judgment in St Modwen Development Ltd. v Secretary of State for Communities and L…”
- Followed — Thurston Parish Council, R (on the application of) v Mid Suffolk District Council & Anor. 2022-10-28
“…In Hopkins Homes Ltd v Secretary of State for Community and Local Government [2017] UKSC 37; [2017] 1 WLR 1865, at para. 26, Lord Carnwath JSC emphasised the distinction between the interpretation of a planning policy and its application as follows:…”
- Cited — William Corbett v Cornwall Council 2022-07-27
“…ker, subject to review on public law grounds (see the judgment of Lord Carnwath in Hopkins Homes Ltd. v Secretary of State for Communities and Local Government [2017] UKSC 37; [2017] 1 W.L.R. 1865, at paragraphs 22 to 26). The interpretation of planning policy should not, however, be approached with the same linguistic rigour as the…”
- Cited — City & Country Bramshill Ltd v Secretary of State for Housing, Communities And Local Government & Ors 2021-03-09
“…e to make the decision will have brought his or her own expertise to the task (see Hopkins Homes Ltd. v Secretary of State for Communities and Local Government [2017] UKSC 37,[2017] 1 W.L.R. 1865, at paragraph 25). Where national or development plan policy is the focus of argument, it must tell apart grounds that genuinely allege a …”
- Applied — ClientEarth, R (on the application of) v Secretary of State for Business, Energy and Industrial Strategy & Anor 2021-01-21
“…tores 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 general principles apply equally to the interpretation of national policy statements as they do to the interpretation of other …”
- Explained — Paul Newman New Homes Ltd v Secretary of State for Housing, Communities And Local Government 2021-01-12
“…The way in which paragraphs 14 and 49 interacted was described by Lord Carnwath in Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2017] UKSC 37, [2017] 1 WLR 1865 at paragraph [54]. He explained that in the absence of relevant or up-to-date development plan policies, the balance was tilted in favour of…”
- Applied — DB Symmetry Ltd v Swindon Borough Council & Anor 2020-10-16
“…tion by the courts in policy judgments within their areas of specialist competence: Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2017] UKSC 37, [2017] 1 WLR 1865. Although this was said in the context of the interpretation and application of national policy it also applies (though perhaps to a lesser …”
- Cited — Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council 2020-10-02
“…The judge was influenced by Lord Carnwath’s statement in Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2017] UKSC 37, [2017] 1 WLR 1865 at [25]:…”
- Cited — Peel Investments (North) Ltd v Secretary of State for Housing, Communities And Local Government & Anor 2020-09-03
“…tatutory text, and must be read in that light” (per Lord Carnwath JSC in Hopkins Homes Ltd v Secretary of State for Communities and LocalGovernment and another [2017] UKSC 37 para 25). But, 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 Dund…”
- Cited — Oxton Farm v Harrogate Borough Council 2020-06-25
“…te, with the consequence that the tilted balance is triggered on a different basis: Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2017] UKSC 37, [2017] 1 WLR 1865 at [58]. A policy may be out of date because of a change in national policy or because of things that have happened on the ground, or for so…”
- Cited — East Bergholt Parish Council, R (on the application of) v Aggett & Ors 2019-12-12
“…ror of law, and the court may then intervene (see the judgment of Lord Carnwath in Hopkins Homes Ltd. v Secretary of State for Communities and Local Government [2017] UKSC 37; [2017] P.T.S.R. 623, at paragraphs 22 to 26; and the judgment of Stephen Richards L.J. in R. (on the application of Timmins) v Gedling…”
- Cited — Gladman Developments Ltd v Canterbury City Council 2019-04-16
“… permissive. In advancing that proposition, he urged on us that, in accordance with Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2017] UKSC 37, [2017] 1 WLR 1865 at [22] and [72] the local plan should be interpreted objectively, in accordance with its language read in its proper context. Ms Tafur pres…”
- Cited — Braintree District Council v Secretary of State for Communities and Local Government & Ors 2018-03-28
“…[2017] UKSC 37, at paragraph 24, and the judgment of Lord Gill at paragraphs 72 to 74). The application of policy, however, is for the decision-maker, on a true understanding…”
- Cited — Samuel Smith Old Brewery (Tadcaster) Oxton Farm v North Yorkshire County Council & Anor 2018-03-16
“…[2017] UKSC 37, at paragraphs 22 to 26).…”
- Cited — Preston New Road Action Group v Secretary of State for Communities & Anor 2018-01-12
“…lied a planning policy requires no explanation beyond what has recently been said by the Supreme Court in Suffolk Coastal District Council v Hopkins Homes Ltd. [2017] UKSC 37, [2017] 1 W.L.R. 1865 (see Lord Carnwath’s judgment, at paragraphs 22 to 26), and by this court in Mansell v Tonbridge and Malling Borough Council [2017] EWCA …”