East Northamptonshire District Council v Secretary of State for Communities and Local Government

JurisdictionEngland & Wales
Judgment Date2014
Neutral Citation[2014] EWCA Civ 137
Date2014
CourtCourt of Appeal (Civil Division)
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63 cases
  • Aidan Jones v Jane Margaret Mordue (First Respondent) Secretary of State for Communities and Local Government (Second Respondent) South Northamptonshire Council (Third Respondent)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • December 3, 2015
    ...judge considered that he was bound to reach this conclusion by the decision of this court in East Northamptonshire District Council v Secretary of State for Communities and Local Government [2014] EWCA Civ 137; [2015] 1 WLR 45 ("the East Northamptonshire case"), in particular at [29] per S......
  • Mark Whitby v Secretary of State for Transport and Others
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • October 14, 2015
    ...cases which were reviewed by the Court of Appeal in Barnwell Manor Wind Energy Limited v East Northamptonshire District Council & Ors [2014] EWCA Civ 137, in which Sullivan LJ reached the following conclusions: "16. What was Parliament's intention in imposing both the section 66 duty and t......
  • R Felicity Irving v Mid Sussex District Council
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • December 12, 2019
    ...permission in a conservation area was set out in Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council & Ors [2014] EWCA Civ 137 [2015] 1 WLR 45, per Sullivan LJ at [19]–[21]: “19 When summarising his conclusions in Bath about the proper approach which should be adopted ......
  • Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • December 5, 2014
    ...followed. 60 By the time the Secretary of State made his decision, the Court of Appeal had upheld the approach taken in the High Court [2014] EWCA Civ 137; [2014] 1 P&CR 22, 387). Sullivan LJ held that the term "preserving" in section 66(1) meant doing no harm, applying Lord Bridge's anal......
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2 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Planning Law. A Practitioner's Handbook Contents
    • August 30, 2019
    ...8, [2009] JPL 1597, [2009] PTSR (CS) 41 83 Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council [2014] EWCA Civ 137, [2015] 1 WLR 45, [2014] 1 P & CR 22, [2014] JPL 731 421–422, 423, 424, 444 Baroness Cumberlege of Newick v Secretary of State for Communities and Local Gov......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Renewable Energy from Wind and Solar Power Contents
    • August 30, 2021
    ...Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223, CA 231 Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council [2014] EWCA Civ 137, [2015] 1 WLR 45 39, 105–7 Barwood Strategic Land II LLP v East Staffordshire Borough Council and Secretary of State for Communities and L......

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