HJ Banks & Co Ltd v Secretary of State for Housing, Communities and Local Government

Subject Matter

PLANNING — Development — Environmental considerations — Secretary of State rejecting inspector’s recommendation that planning permission be granted for surface coal mining — Whether Secretary of State adopting lawful approach in balancing environmental benefits and adverse effects of proposed development — Whether wrongly ignoring biodiversity benefits in overall assessment — Whether giving adequate reasons for rejecting inspector’s conclusion — National Planning Policy Framework (2012), para 149

[2018] EWHC 3141 (Admin); [2019] PTSR 668; [2018] WLR(D) 767, QBD

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