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England and Wales Case Law

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Administrative law

Ribble Valley Borough Council, R (on the application of) v Secretary of State for Housing, Communities and Local Government & Anor

The Inspector unlawfully applied the Green Belt policy exception in NPPF paragraph 154(g) to the entire site without properly assessing the extent and proportion of previously developed land as required by law, failed to provide adequate reasons for this conclusion, took into account an immaterial consideration (equestrian use), and reached an irrational conclusion, thereby rendering the planning permission unlawful and requiring it to be quashed.

  • Green belt policy
  • National planning policy framework (nppf)
  • Previously developed land (pdl)
  • Planning appeals
  • Statutory review
  • Decision-making process
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Administrative law [2007] EWHC 1985 (Admin)

Persimmon Homes Ltd, R (on the application of) v Secretary of State for Communities and Local Covernment & Ors

Persimmon Homes Ltd, R (on the application of) v Secretary of State for Communities and Local Covernment & Ors [2007] EWHC 1985 (Admin) (11 July 2007)

The High Court upheld the Secretary of State’s refusal to call in a Banbury planning application, finding no legal error in the call-in decision.

  • Judicial review of planning decisions
  • Secretary of state call-in policy
  • Prematurity in planning applications
  • Community involvement in planning
  • Material and immaterial considerations
  • Wednesbury unreasonableness
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.