England and Wales Case Law

Giles & Ors v Secretary of State for Housing, Communities and Local Government & Anor

Giles & Ors v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWHC 1062 (Admin) (06 May 2026)

High Court planning judicial review and statutory appeal dismissed challenges to written representations, highway-splay reasoning, and alleged ECHR and PSED breaches.

• Statutory review under tcpa 1990 s.288
• Statutory appeal under tcpa 1990 s.289
• Planning enforcement notice
• Gypsy/traveller site planning
• Green belt development
• Highway safety

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Protecting Our Park Limited v Cheshire East Borough Council

Judicial review of planning permission for Symphony Park at Alderley Park. The High Court quashed the decision after finding the committee lacked adequate information and reasons.

• Judicial review of planning permission
• Interpretation of planning policy
• Section 106 agreements
• Green belt development
• Adequacy of reasons
• Rationality in decision-making

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Powell v (Secretary of State for Housing, Communities And Local Government & Anor

Powell v (Secretary of State for Housing, Communities And Local Government & Anor [2025] EWHC 377 (Admin) (21 February 2025)

The High Court refused permission to appeal a planning inspector’s decision on an enforcement notice involving ancient woodland, finding no arguable error of law or fact.

• Enforcement notice appeal
• Ancient woodland protection
• Green belt development
• Statutory challenge
• Procedural fairness
• Judicial review

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Heini Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities

The statutory definition of 'crematorium' in section 2 of the Cremation Act 1902 does not extend to open areas such as memorial gardens; section 5 locational restrictions apply only to buildings or structures constructed for cremation purposes. The Inspector was entitled to conclude the proposed development would not contravene the Act. The Inspector correctly applied flood risk policies, considered alternative sites, and imposed appropriate conditions; no error of law or irrationality occurred.

Source excerpt

• Cremation act 1902 compliance
• Green belt development
• Flood risk assessment
• Sequential test
• Interpretation of 'crematorium'
• Disposal and storage of ashes

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Winifred Helen Ward v Secretary of State for Levelling Up, Housing and Communities & Anor

The Inspector lawfully applied the relevant planning policies, gave appropriate and sufficient weight to all material considerations including the best interests of the children, and provided adequate reasons for her decision. The refusal of temporary planning permission was not irrational or disproportionate, and the proportionality assessment under Article 8 ECHR was lawfully and adequately conducted. No error of law was established.

Source excerpt

• Green belt development
• Traveller site provision
• Article 8 echr
• Best interests of the child
• Statutory review
• Proportionality

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Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities

Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507 (10 May 2024)

The Court of Appeal dismissed a challenge to planning permission for a Green Belt crematorium, holding it would not breach the Cremation Act 1902 and flood risk was properly assessed.

• Green belt development
• Cremation act 1902 compliance
• Flood risk assessment
• Material planning considerations
• Planning-law
• Green-belt-development

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Devine v Secretary of State for Levelling Up, Housing and Communities

Devine v Secretary of State for Levelling Up, Housing and Communities [2023] EWCA Civ 601 (25 May 2023)

The Court of Appeal upheld an enforcement notice for a new building in the Green Belt, finding no error of law in the inspector’s substantial-completion analysis.

• Enforcement notice
• Substantial completion
• Immunity from enforcement
• Green belt development
• Planning-law
• Enforcement-notice

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Guildford Borough Council v Secretary of State for Levelling Up Housing and Communities & Anor

Guildford Borough Council v Secretary of State for Levelling Up Housing and Communities & Anor [2023] EWHC 575 (Admin) (17 March 2023)

The High Court quashed a planning inspector’s decision after finding he misapplied Green Belt policy P2 when assessing extensions to a replacement dwelling.

• Interpretation of planning policy
• Green belt development
• Statutory review under town and country planning act 1990
• Proportionality in extensions and alterations
• Definition of 'original building'
• Green-belt-development

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Heini Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities

The High Court dismissed a section 288 challenge to planning permission for an Oxted crematorium, rejecting arguments on the Cremation Act 1902 and flood-risk sequential testing.

• Green belt development
• Cremation act 1902 compliance
• Flood risk assessment
• Sequential test
• Material considerations in planning
• Adequacy of reasons

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Wathen-Fayed v Secretary of State for Levelling Up, Housing And Communities

Wathen-Fayed v Secretary of State for Levelling Up, Housing And Communities [2023] EWHC 92 (Admin) (20 January 2023)

High Court challenge to a planning inspector’s grant of permission for a crematorium in the Green Belt, raising Cremation Act 1902 and flood-risk issues.

• Green belt development
• Cremation act 1902 compliance
• Flood risk assessment
• Sequential test
• Very special circumstances
• Alternative sites

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