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England and Wales Case Law

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Compulsory acquisition

Secretary of State for Transport v Curzon Park Limited

The Upper Tribunal held that a reasonable planning authority would have required archaeological trial trenching for Curzon Street, which would have revealed the Roundhouse remains.

  • Certificate of appropriate alternative development (caad)
  • Heritage assets
  • Archaeology
  • Planning permission
  • Statutory assumptions
  • Development plan compliance
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Land law

The Secretary of State for Transport v Birmingham City University

The Upper Tribunal allowed the Secretary of State’s appeal, held the flexible CAAD scheme inconsistent with the development plan, and substituted a revised mixed-use certificate.

  • Certificate of appropriate alternative development
  • Compensation for compulsory purchase
  • Planning permission
  • Heritage assets
  • Mixed-use development
  • Student accommodation
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Administrative law

RWE Renewables UK Swindon Limited v Welsh Ministers

The High Court dismissed a section 288 challenge to refusal of a wind farm in Wales, holding the inspector lawfully applied policy and rationally weighed National Park harm.

  • Statutory review
  • Development plan compliance
  • Renewable energy planning
  • National park protection
  • Landscape impact assessment
  • Planning-law
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Planning law [2025] EWHC 3073 (Admin)

RWE Renewables UK Swindon Ltd v Welsh Ministers

RWE Renewables UK Swindon Ltd v Welsh Ministers [2025] EWHC 3073 (Admin) (24 November 2025)

The High Court dismissed a statutory review of a planning refusal for a six-turbine wind project near Bannau Brycheiniog National Park, holding the inspector made no error of law.

  • Statutory review
  • Development plan compliance
  • Renewable energy planning
  • National park protection
  • Judicial review of planning decisions
  • Interpretation of planning policy
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Administrative law [2025] EWHC 1781 (Admin)

Campaign for the Protection Of Rural England, Kent Branch, R (On the Application Of) v Secretary Of State For Housing Communities And Local Government

Campaign for the Protection Of Rural England, Kent Branch, R (On the Application Of) v Secretary Of State For Housing Communities And Local Government [2025] EWHC 1781 (Admin) (20 June 2025)

The High Court dismissed a section 288 challenge to planning permission for 165 homes in the High Weald AONB, holding section 85(A1) does not require refusal for all harmful development.

  • Statutory interpretation
  • Areas of outstanding natural beauty (aonb)
  • Planning permission
  • Section 85(a1) countryside and rights of way act 2000
  • National planning policy framework (nppf)
  • Development plan compliance
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Planning law

Ockham Parish Council v Secretary of State for Levelling Up, Housing and Communities & Ors

The inspector's decision was lawful, rational, and adequately reasoned on all challenged grounds. No arguable error or misdirection was demonstrated regarding planning policy interpretation, trip generation, traffic regulation orders, cycling infrastructure policy, or Habitats Regulations Assessment. The costs decision findings were reasonable and within the inspector's jurisdiction.

  • Planning permission
  • Judicial review
  • Development plan compliance
  • Habitats regulations assessment
  • Costs decision
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Administrative law [2024] EWHC 3552 (Admin)

Ockham Parish Council v Secretary of State for Levelling Up, Housing and Communities & Ors

Ockham Parish Council v Secretary of State for Levelling Up, Housing and Communities & Ors [2024] EWHC 3552 (Admin) (05 December 2024)

The High Court refused permission to challenge planning approval for Wisley Airfield, finding no arguable errors in access, cycling, habitats or costs reasoning.

  • Planning permission challenge
  • Development plan compliance
  • Habitats regulations assessment
  • Costs in planning inquiries
  • Planning-permission-challenge
  • Development-plan-compliance
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Planning law

Gemma Watton v Cornwall Council

The decision to grant planning permission was unlawful because the Officer’s Report failed to provide adequate and intelligible reasons on principal controversial issues, misinterpreted and misapplied key development plan policies (notably Policy 5 and Policy 23), failed to lawfully consider and address objectors’ evidence on need, viability, landscape and visual impact, ecology, and climate change, and imposed a planning condition (Condition 11) that did not secure the mitigation required for protected species. These errors were significant, went to the heart of the decision, and it could no…

  • Planning permission
  • Officer's report
  • Judicial review
  • Local authority decision-making
  • Protected species
  • Development plan compliance
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Planning law

NRS Saredon Aggregates Limited v The Secretary of State for Levelling Up, Housing and Communities & Anor

The Inspector erred in law by reducing the weight attached to biodiversity net gain on the mistaken basis that forthcoming legislative requirements would apply to the development, thereby exercising planning judgment on an incorrect legal basis. This error was material and the decision must be quashed.

  • Green belt policy
  • Biodiversity net gain
  • Development plan compliance
  • Statutory interpretation
  • Planning permission appeals
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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.