Swindon Borough Council v Secretary of State for Levelling Up, Housing and Communities & Anor

Planning permission and appeals must be decided in accordance with the development plan unless material considerations indicate otherwise.

Town and Country Planning Act 1990, sections 70(2) and 79(4); Planning and Compulsory Purchase Act 2004, section 38(6); Hopkins Homes Ltd v SSCLG [2017] UKSC 37

Planning policies must be interpreted objectively and in accordance with their language and context; misapplication amounts to an error of law.

Tesco Stores v Dundee CC [2012] UKSC 13

Inspectors' decisions are to be construed flexibly; reasons must be intelligible and adequate on key issues; weight attached to material considerations is for the decision-maker unless irrational.

St Modwen Developments Ltd v SSCLG [2018] EWCA Civ 1643

Consistency in decision-making is important, but like cases need not always be decided alike.

St Modwen Developments Ltd v SSCLG [2018] EWCA Civ 1643

Explanatory text accompanying policies is relevant to interpretation but doesn't override the policy itself.

R (Cherkley Campaign Limited) v Mole Valley DC [2014] EWCA Civ 567; R (Sainsbury’s Supermarkets PLC) v SSLG [2009] EWHC 1501 (Admin)

A failure to consider relevant considerations doesn't amount to an error of law if they weren't raised by the parties and there's no specific statutory duty to consider them.

West v First Secretary of State [2005] EWHC 729 (Admin); Cotswold DC v SSCLG [2013] EWHC 3719 (Admin)

Precedent may be a material consideration, but there must be evidence beyond mere fear or concern; whether it's material is for the decision-maker's judgment.

Collis Radio v SSE (1975); Poundstretcher Ltd v SSE [1988]; Rumsey v SSETR (2001); Sainsbury’s Supermarkets; R (Cooper) v Ashford BC [2016]; R (Friends of the Earth Ltd) v SST [2021]

If an inspector made an error, the court should refuse relief only if the decision would inevitably have been the same.

Forest of Dean DC v SSCLG [2016] EWHC 2429 (Admin)