The Public and Third Sector Law Reports
[2022] PTSR 1473
Queen’s Bench Division
Regina (Goesa Ltd)
v
Eastleigh Borough Council
[2022] EWHC 1221 (Admin)
2022 April 27, 28; May 23
Holgate J
Planning— Planning permission— Legitimate expectation— Local planning authority resolving to grant planning permission for airport runway extension— Opponent of development requesting that Secretary of State call in planning application for his own determination— Local authority issuing formal grant of planning permission before decision reached on whether to call in— Whether breaching legitimate expectation that authority would not issue planning permission until Secretary of State had decided whether or not to call in application— Principles applying to reference of applications for planning permission to Secretary of State—
Town and Country Planning Act 1990 (c 8), s 77(1)
—
Town and Country Planning (Development Management Procedure) (England) Order 2015 (SI 2015/595), art 31
Planning— Development— Environmental assessment— Local planning authority granting planning permission for airport runway extension— Whether authority failing properly to assess impact on climate change taking into account cumulative effects of greenhouse gas emissions from proposal in combination with other projects— Whether breach of duty to assess environmental impacts of development—
Climate Change Act 2008 (c 27), ss 1, 4
—
Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (SI 2017/571), reg 26(1)
Planning— Development— Sustainable development— Local planning authority resolving to grant planning permission for airport runway extension— Whether misinterpreting national planning policy so as to unlawfully apply tilted balance in favour of grant of permission—
National Planning Policy Framework (2019), para 11(d)