[2009] EWHC 2519 Admin, 16 October 2009. The case relates to works not included in an application for planning permission. Stobart Air Limited (S) applied to Carlisle City Council (C) for planning permission for works but omitted an application for airside works. C considered that no referral to the Secretary of State was necessary as the application fell within article 2(2) of the Town and Country Planning (Development Plans and Consultations) (Departures) Direction 1999. Planning permission was granted for the application development. Thomas Gordon Brown (B) sought permission to apply for judicial review of the planning permission. "Held:" application refused. If a section 106 agreement is entered before a planning permission is granted and results in securing the fact that the application accorded with the development plan, there is no need to refer to the Secretary of State. C did not have to justify its reasons for not referring the application to the Secretary of State.