We are pleased to announce the second edition of Leading Planning Cases, a 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. This new edition of Leading Planning Cases will replace the 2019 version as the official publication to be used in the Planning Court as from Tuesday 29 April 2025.
This new edition contains 21 cases, 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 R (Finch) v Surrey County Council [2024] PTSR 988.
“This book gathers together the key cases which establish the core legal principles to apply in legal challenges to planning decisions. The book has updated from the first edition of 2019. In many cases, practitioners will not need to go beyond these cases in order to identify the principles to be applied by the judge hearing a Planning Court claim. 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 Mould, Planning Liaison Judge of the Planning Court
Cases featured:
- Stringer v Minister of Housing and Local Government [1970] 1 WLR 1281, Cooke J
- Westminster City Council v Great Portland Estates plc [1985] AC 661, HL(E)
- Simplex GE (Holdings) Ltd v Secretary of State for the Environment [2017] PTSR 1041, CA
- Save Britain’s Heritage v Number 1 Poultry Ltd [1991] 1 WLR 153, HL(E)
- City of Edinburgh Council v Secretary of State for Scotland [1997] 1 WLR 1447, HL(Sc)
- E v Secretary of State for the Home Department [2004] QB 1044, CA
- South Bucks District Council v Porter (No 2) [2004] 1 WLR 1953 HL(E)
- R (Morge) v Hampshire County Council [2011] 1 WLR 268, SC(E)
- Tesco Stores Ltd v Dundee City Council (Asda Stores Ltd intervening) [2012] PTSR 983, SC(Sc)
- Mordue v Secretary of State for Communities and Local Government [2016] 1 WLR 2682, CA
- BDW Trading Ltd (trading as David Wilson Homes (Central, Mercia and West Midlands)) v Secretary of State for Communities and Local Government [2017] PTSR 1337, CA
- Suffolk Coastal District Council v Hopkins Homes Ltd [2017] WLR 1865, SC(E)
- R (Mansell) v Tonbridge and Malling Borough Council [2019] PTSR 1452, CA
- St Modwen Developments Ltd v Secretary of State for Communities and Local Government [2018] PTSR 746, CA
- Baroness Cumberlege of Newick v Secretary of State for Communities and Local Government [2018] PTSR 2063, CA
- Lambeth London Borough Council v Secretary of State for Housing, Communities and Local Government [2019] 1 WLR 4317, SC(E)
- R (Wright) v Forest of Dean District Council [2019] 1 WLR 6562, SC(E)
- CPRE Kent v Secretary of State for Communities and Local Government [2021] 1 WLR 4168, SC(E)
- Hillside Parks Ltd v Snowdonia National Park Authority [2022] 1 WLR 5077, SC(E)
- DB Symmetry Ltd v Swindon Borough Council [2023] 1 WLR 198, SC(E)
- R (Finch) v Surrey County Council [2024] PTSR 988, SC(E)
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 provides all its judges with a copy of the book, as 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.
As a matter of general guidance:
- 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 for £95.
Copies can be obtained from Wildy & Sons Ltd, or directly from ICLR.
