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England and Wales Case Law

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Administrative law

SPVRG Limited v Pembrokeshire County Council

The council’s reasons for granting planning permission did not adequately address principal issues of development in the countryside, sustainability, precedent, and detrimental impact on existing sites, resulting in substantial prejudice and failing to enable opponents and developers to understand the policy approach for future cases.

  • Duty to give reasons
  • Local development plan
  • Economic benefit assessment
  • Sustainability
  • Precedent in planning decisions
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Planning law

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

The inspector's interpretation of policy IN1 was correct in considering economic viability as a contextual qualifier, his reasoning on precedent was adequate given the evidence and context, and his conclusion on the lack of necessity for a primary school in the north part of Foxbridge was rational and sufficiently reasoned based on pupil yield and practicalities.

  • Statutory interpretation
  • Development plan compliance
  • Infrastructure contributions
  • Affordable housing
  • Education provision
  • Precedent in planning decisions
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Planning law [2023] EWHC 1627 (Admin)

Swindon Borough Council v Secretary of State for Levelling Up, Housing And Communities & Anor

Swindon Borough Council v Secretary of State for Levelling Up, Housing And Communities & Anor [2023] EWHC 1627 (Admin) (30 June 2023)

The High Court dismissed Swindon Borough Council’s statutory review challenge to an inspector’s grant of planning permission for 220 dwellings at Foxbridge.

  • Interpretation of planning policy
  • Infrastructure contributions
  • Affordable housing requirements
  • Precedent in planning decisions
  • Education provision in development
  • Viability assessments
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Planning law

Fox Strategic Land and Property Ltd v Secretary of State for Communities and Local Government & Anor

Judicial review of a planning refusal was allowed because the Secretary of State failed to explain inconsistency with a materially similar earlier appeal decision and misapplied agricultural land policy.

  • Development plan
  • Prematurity
  • Consistency in decision making
  • Interpretation of planning policy
  • Housing land supply
  • Best and most versatile agricultural land
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Administrative law

Sainsbury's Supermarket Plc, R (on the application of) v Local Government

The High Court dismissed Sainsbury’s section 288 challenge to a planning inspector’s refusal of permission for a supermarket extension in Northwich, holding the reasons and policy interpretation were lawful.

  • Interpretation of planning policy
  • Adequacy of reasons
  • Precedent in planning decisions
  • Judicial review grounds
  • Comprehensive development vs piecemeal development
  • Planning-law
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Administrative law [2004] EWHC 2373 (Admin)

Next Group Plc v First Secretary of State

Next Group Plc v First Secretary of State [2004] EWHC 2373 (Admin) (11 October 2004)

The High Court dismissed Next Group’s section 288 challenge to a planning refusal, holding that the inspector’s reasons on precedent and cumulative impact were adequate.

  • Planning permission
  • Town and country planning act 1990
  • Local development plans
  • Precedent in planning decisions
  • Adequacy of reasons
  • Planning-permission
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Planning law

Next Group Plc v First Secretary of State

The High Court rejected a section 288 challenge to refusal of planning permission for a mezzanine extension, holding the inspector gave adequate reasons and addressed precedent and cumulative impact.

  • Adequacy of reasons
  • Material considerations in planning
  • Precedent in planning decisions
  • Interpretation of local and national planning policy
  • Planning-law
  • Judicial-review
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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.