R (Goesa Ltd) v Eastleigh Borough Council

Subject Matter

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

[2022] EWHC 1221 (Admin); [2022] PTSR 1473; [2022] WLR(D) 231, QBD

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)

[2022] EWHC 1221 (Admin); [2022] PTSR 1473; [2022] WLR(D) 231, QBD

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)

[2022] EWHC 1221 (Admin); [2022] PTSR 1473; [2022] WLR(D) 231, QBD