Queen’s Bench Division
H J Banks & Co Ltd v Secretary of State for Housing, Communities and Local Government
[2018] EWHC 3141 (Admin)
2018 Oct 17, 18; Nov 23
Ouseley J
PlanningDevelopmentEnvironmental considerationsSecretary of State rejecting inspector’s recommendation that planning permission be granted for surface coal miningWhether Secretary of State adopting lawful approach in balancing environmental benefits and adverse effects of proposed developmentWhether ignoring biodiversity benefits in overall assessment Whether giving adequate reasons for rejecting inspector’s conclusion National Planning Policy Framework (2012), para 149

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