We are pleased to present Leading Planning Cases, a new printed service from the Incorporated Council of Law Reporting designed to assist the Planning Court and all of its users by consolidating cases that are frequently cited in planning claims into a single convenient volume. It is anticipated that planning practitioners will be encouraged to make use of Leading Planning Cases in the Planning Court as of 2 January 2020.
Richard Ground QC of Cornerstone Chambers, who collaborated with ICLR in the development of Leading Planning Cases, explains:
“We have sought, with the assistance of planning judges and many members of the Planning and Environment Bar Association, to identify comprehensively the leading authorities that are most frequently cited in planning cases.”
In total twenty-five cases were identified, spanning from Cooke J’s decision in Stringer v Minister of Housing and Local Government [1970] 1 WLR 1281 through to the Supreme Court’s recent judgment in Lambeth London Borough Council v Secretary of State for Housing, Communities and Local Government [2019] UKSC 33; [2019] 1 WLR 4317.
“This book gathers together the key cases which are referred to frequently in the Planning Court. Arrangements have been made so that judges hearing cases in the Planning Court will normally have access to the book, so that these cases will not need to be copied into bundles of authorities. Use of this book will also ensure that the court has cited to it the preferred reports of these cases, in accordance with Practice Direction (Citation of Authorities) [2012] 1 WLR 780.”
The Hon Mr Justice Holgate, President of the Upper Tribunal (Lands Chamber) and Planning Liaison Judge
Cases include:
- Stringer v Minister of Housing and Local Government [1970] 1 WLR 1281
- Westminster City Council v Great Portland Estates plc [1985] AC 661
- South Lakeland District Council v Secretary of State for the Environment [1992] 2 AC 141
- Tesco Stores Ltd v Secretary of State for the Environment [1995] 1 WLR 759
- City of Edinburgh Council v Secretary of State for Scotland [1997] 1 WLR 1447
- South Bucks District Council v Porter (No 2) [2004] 1 WLR 1953
- Tesco Stores Ltd v Dundee City Council (Asda Stores Ltd intervening) [2012] PTSR 983
- BDW Trading Ltd Secretary of State for Communities and Local Government [2017] PTSR 1337
- Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2017] 1 WLR 1865
- R (CPRE Kent) v Dover District Council [2018] 1 WLR 108
- Lambeth London Borough Council v Secretary of State for Housing, Communities and Local Government [2019] 1 WLR 4317
Click here to view the full list of cases included in the volume.
Who is this book for?
Leading Planning Cases is likely to be of value to anyone with an interest in planning law and was specifically designed for use by planning law practitioners when in court.
How the book is to be used
The Planning Court is taking steps to ensure that all judges in the Planning Court have access to a copy of the book, in the expectation that, from 1 January 2020, it will become a standard reference work which reduces the need for the repeated, one-use-only photocopying of judgments for inclusion in the bundles of authorities in individual cases. It will also ensure that the court has cited to it the preferred reports of these cases, in accordance with Practice Direction (Citation of Authorities) [2012] 1 WLR 780.
It is not yet known whether the Planning Court will issue specific guidance on how the book should be used. In the meantime, however, Mr Justice Holgate has indicated that:
- An advocate leaving authorities out of bundles will need to make sure that opponents appreciate that the book is being relied upon.
- An advocate should make it clear in his or her skeleton that the book will be cited and should give the usual citation references for the cases plus the relevant internal pagination within the ICLR book.
- An advocate will also need to think about supplying copies of the authorities to a litigant in person. Alternatively, the advocate could lend a copy of the book to that party.
How to buy your copy of Leading Planning Cases
Leading Planning Cases is now available for purchase directly from ICLR for £95 or £90 for orders of ten or more copies.
To obtain a copy of Leading Planning Cases from ICLR directly:
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- Call us on 0207 242 6471 (8:30am to 5:00pm Monday-Friday)
- Email us on enquiries@iclr.co.uk
- Visit us at 119 Chancery Lane, London WC2A 1PP