R(Cherkley Campaign Ltd) v Mole Valley District Council

Core Citations

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CONSIDERS

• R v Secretary of State for the Home Department, ex parte Hindley
• The Queen (on the Application of Telford Trustee No.1 Ltd and Telford Trustee No.2 Ltd) (Claimants) Telford and Wrekin Council (Defendant) Asda Stores Ltd (Interested Party)

REFERS TO

• Scottish Widows Plc and Others v Cherwell District Council LXP RP (Banbury) Ltd and Others (Interested Parties)

RESUELVE RECURSO

• R (Cherkley Campaign Ltd) v Mole Valley District Council [QBD]

CITES

• R v Secretary of State for the Home Department, ex parte Hindley
• Siraj v Kirklees Council

REVERSES

• R (Cherkley Campaign Ltd) v Mole Valley District Council [QBD]

CONSIDERS

• Planning and Compulsory Purchase Act 2004 - Articles : SCH-8
• Planning and Compulsory Purchase Act 2004 - Articles : S-38

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• Planning and Compulsory Purchase Act 2004 - Articles : S-54
• Town and Country Planning Act 1990 - Articles : S-106
• Town and Country Planning (Development Plan) (England) Regulations 1999
• The Town and Country Planning (Environmental Impact Assessment) Regulations 2011
• Town and Country Planning Act 1990 - Articles : S-36
• Employment Act 2002

REPORTED OPINION OF in

• [2014] PTSR D14
• [2014] PTSR D14
• [2014] WLR D 199

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• [2014] PTSR D14

REFERRED in

• Cherwell District Council v Secretary of State for Local Government and Communities Gladman Developments Ltd (Interested Party)
• New Dawn Homes Ltd v Secretary of State for Communities and Local Government (First Defendant) Tewksbury Borough Council (Second Defendant)
• The Queen-on the application of Barry Zins v East Suffolk Council

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• Hawkhurst Parish Council v Tunbridge Wells Borough Council
• William Davis Ltd and Others v Charnwood Borough Council
• Clare Mills v The Secretary of State for Housing Communities and Local Government
• R Ecotricity (Next Generation) Ltd v Secretary of State for Communities and Local Government
• Gregory Park Holding Ltd v Hart District Council
• Chichester District Council v Secretary of State for Housing, Communities and Local Government
• Phides Estates (Overseas) Ltd v Secretary of State for Communities and Local Government (First Defendant) Shepway District Council (Second Defendant) David Plumstead (Third Defendant)
• Wiltshire Council v Cooper Estates Strategic Land Ltd
• Rectory Homes Ltd v Secretary of State for Housing Communities and Local Government
• R (on the application of Irving) v Mid-Sussex District Council
• Pertemps Investments Ltd v Secretary of State for Communities and Local Government and Another
• Canterbury City Council v SSCLG
• The Queen (on the application of Kerry Whitehead on behalf of the Copthorne Village Association) v Mid Sussex District Council
• Kebbell Developments Ltd v Leeds City Council Collingham with Linton Parish Council (Interested Party)
• Trustees of the Barker Mill Estates v Test Valley Borough Council Defendant (Defendant (Second Defendant) Secretary of State for Communities and Local Government (First Defendant)
• Chichester District Council v Secretary of State for Housing, Communities and Local Government
• R Neil Richard Spurrier v The Secretary of State for Transport
• Dover District Council v CPRE Kent

DISTINGUISHED in

• R Stroud District Council v Secretary of State for Communities and Local Government

CONSIDERED in

• Christine Davis v Secretary of State for Communities and Local Government and Another
• John Cullen v Secretary of State for Communities and Local Government
• Emma Nixon v Secretary of State for Housing, Communities and Local Government

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• The King (on the application of Tesco Stores Ltd) v Allerdale Borough Council
• Bassetlaw District Council v Secretary of State for Housing
• R Peter Nicholson v Allerdale Borough Council M-Sport Ltd (Interested Party)
• Ivan Crane v Secretary of State for Communities and Local Government (First Defendant) Harborough District Council (Second Defendant)
• Damon Moore v Somerset Council
• Wiltshire Council v Cooper Estates Strategic Land Ltd
• The King on the application of Bellway Homes Ltd v Kent County Council
• Tadworth and Walton Residents' Association and Another v Secretary of State for Environment, Foods and Rural Affairs Walton Heath Golf Club Ltd and Another (Interested Parties)
• R Khan v London Borough of Sutton Viridor Waste (Thames) Ltd and Others (Interested Parties)
• London Borough of Lambeth v Secretary of State for Levelling Up, Housing and Communities
• Tiviot way Investments Ltd v Secretary of State for Communities and Local Government (First Defendant) Stockton-on-Tees Borough Council (Second Defendant/Interested Party)
• The Queen (on the application of Kerry Whitehead on behalf of the Copthorne Village Association) v Mid Sussex District Council
• Chichester District Council v Secretary of State for Housing, Communities and Local Government

CITED in

• The Mayor of London v The Secretary of State for Housing, Communities and Local Government
• R Jean Timmins v Gedling Borough Council Westerleigh Group Ltd (Interested Party)
• Andrew Jedwell v Denbighshire County Council DH and Dr Jones (Interested Parties)

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• Kebbell Developments Ltd v Leeds City Council Collingham With Linton Parish Council (Interested Party)
• Old Hunstanton Parish Council v Secretary of State for Communities and Local Government and Others
• Exeter City Council v Secretary of State for Communities and Local Government and Others
• Old Hunstanton Parish Council v Secretary of State for Communities and Local Government
• Goodman Logistics Developments (UK) Ltd v Secretary of State for Communities and Local Government and Another
• Fox Land and Property Ltd v Secretary of State for Communities and Local Government
• R Simon Dudfield v Forest of Dean District Council Tim Shayle, T/A Countryman Sports (Interested Party)
• Bassetlaw District Council v Secretary of State for Housing
• Dylon 2 Ltd v London Borough of Bromley
• R Park Lane Homes (South East) Ltd v Rother District Council
• Jane Margaret Mordue v Secretary of State for Communities and Local Government and Others
• JJ Gallagher Ltd and Others v Cherwell District Council and Another
• Stroud District Council v Secretary of State for Communities and Local Government Gladman Developments Ltd (Interested Party)
• R London Borough of Hillingdon v Mayor of London
• Damon Moore v Somerset Council
• The King on the application of Bellway Homes Ltd v Kent County Council
• Dr Anna Hoare v The Vale of White Horse District Council Oxfordshire County Council and Another (Interested Parties)
• Gladman Developments Ltd v Canterbury City Council
• R: John Harvey v Mendip District Council 1) Patrick Gordon and Others (Interested Parties/Respondents)

FOLLOWED in

• R Raymond Cooper v Ashford Borough Council Michael May (Interested Party)

This document cites

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• R v Secretary of State for the Home Department, ex parte Hindley
• The Queen (on the Application of Telford Trustee No.1 Ltd and Telford Trustee No.2 Ltd) (Claimants) Telford and Wrekin Council (Defendant) Asda Stores Ltd (Interested Party)
• Siraj v Kirklees Council
• Scottish Widows Plc and Others v Cherwell District Council LXP RP (Banbury) Ltd and Others (Interested Parties)
• R (Cherkley Campaign Ltd) v Mole Valley District Council [QBD]



See all quotations

• R v Secretary of State for the Home Department, ex parte Hindley
• Employment Act 2002
• Planning and Compulsory Purchase Act 2004
• Town and Country Planning Act 1990
• The Town and Country Planning (Environmental Impact Assessment) Regulations 2011
• The Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2013
• Tesco Stores Ltd v Dundee City Council