Secretary of State for Communities and Local Government v West Berkshire District Council and Another: CA 11 May 2016

Laws LJ said that the Secretary of State’s power to formulate and adopt national planning policy is not given by statute, but is ‘an exercise of the Crown’s common law powers conferred by the royal prerogative.’

Lord Dyson MR, Laws, Teac LJJ
[2016] EWCA Civ 441, [2016] WLR(D) 260, [2016] JPL 1034, [2016] 2 P and CR 8, [2016] 1 WLR 3923, [2016] PTSR 982
Bailii, WLRD
England and Wales
Cited by:
CitedSuffolk Coastal District Council v Hopkins Homes Ltd and Another SC 10-May-2017
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for . .

Lists of cited by and citing cases may be incomplete.


Updated: 15 January 2022; Ref: scu.563430