CHANGE OF USE

August 22nd, 2025 by James Goudie KC in Planning and Environmental

In EPPING FOREST DC v SOMANI HOTELS LIMITED (2025) EWHC 2183 (KB) Eyre J from paragraph 25 sets out the relevant planning framework in relation to making a planning application for a material change in the use of buildings or land and when that will and will not amount to “development” requiring planning permission. There are two questions: whether a use is a change from the permitted use; and, if so, whether it is a change which is “material” in terms of planning considerations. The questions of whether there has been a change of use and, if so whether the change is material, involves matters of law and fact. Both questions are ultimately fact-specific and call for the application of planning judgment in particular circumstances.

There were in this case a number of factors which operated against a finding that there had been a change of use , and a number of other factors which supported such a finding. Questions as to whether interim relief is appropriate in a particular case will be “highly fact-sensitive”.

 

HOMELESSNESS

August 4th, 2025 by James Goudie KC in Housing

FERTRE v VALE OF WHITE HORSE DC ( 2025 ) EWCA Civ 1057 is a case brought against a local housing authority’s refusal of housing assistance under Part 7 of the Housing Act 1996. The grant of pre-settled status to EU citizens and their family members under post- Brexit arrangements does NOT itself automatically confer the right to EQUAL TREATMENT with UK citizens under Article 23 of the WITHDRAWAL AGREEMENT in respect  of social assistance. To enjoy equal treatment an EU citizen needs to be complying with the conditions on residence rights set out in various EU instruments applied by Part 2 of the Withdrawal Agreement.

 

PROCEDURAL UNFAIRNESS

July 23rd, 2025 by James Goudie KC in Planning and Environmental

In R ( Moakes ) v Canterbury City Council (2025) EWCA Civ 927 it is held that the breach of a procedural rule, even if expressed in mandatory terms, does not necessarily render the resulting decision unlawful. To establish procedural unfairness a claimant has to establish that they had suffered material prejudice.

 

DELIVERABILITY AS PLANNING CONSIDERATION

July 23rd, 2025 by James Goudie KC in Planning and Environmental

In R ( Save Wimbledon Park Ltd ) v Mayor of London (2025 ) EWHC 1856 ( Admin ) it is held that it is not ordinarily a material consideration to the determination of a planning application that the applicants would, if granted planning permission, need to overcome legal obstacles in order to implement the authorised development.

 

ENVIRONMENTAL POLICIES

July 14th, 2025 by James Goudie KC in Environment, Highways and Leisure

The Government has, on Bastille Day, issued a Report, with a spilt infinitive in is title “ Unlocking benefits for people, nature and climate : Actions to jointly address climate change and biodiversity loss in England.”

 

DEVOLUTION AND LOCAL GOVERNMENT REORGANISATION

July 11th, 2025 by James Goudie KC in Decision making and Contracts

Following the King’s Speech in July 2024 and the English Devolution White Paper in December 2024, on 10 July 2025 the long awaited, in the event 329 pages, ENGLISH DEVOLUTION AND COMMUNITY EMPOWERMENT BILL has been introduced in the House of Commons, and awaits Second Reading.

Part 1 ( Sections 1-19 inc ) relates to STRATEGIC AUTHORITIES for each are in England, including Combined Authorities, Combined County Authorities ( CCAs ) and Mayors.

Part 2 ( Sections 20-54 inc ) relates to the functions of Strategic Authorities and Mayors, including with respect to Mayoral Power of Competence; areas of competence, being Transport and Local Infrastructure, Skills and Employment Support, Housing and Strategic Planning, Economic Development and Regeneration, Health Improvement, and Public Safety; and extensions of functions.

Part 3 contains other measures about local government and Police & Crime Commissioners ( PCCs ). Chapter 1 of Part 3 ( Sections 55-59 inc ) relates to reorganisation, governance and elections , including single tiers of local government, executives effective neighbourhood governance, and voting changes for Mayors and PCCs, including ditching First Past the Post, and returning to the Supplementary Vote System. Chapter 2 of Part 3 ( Section 60 ) relates to community right to buy assets of community value and protection of sporting assets.

Part 4 ( Sections 61-70 inc ) relates to LOCAL AUDIT, including establishment of Local Audit Office, registration of local audit providers, new appointment arrangements, lead partners, Codes of Audit Practice, audit consultees, and paving the way for separation of LGPS accounts.

Part 5 ( Section 71 ) relates to commercial leases; and Part 6 ( Sections 72-79 inc ) contains final provisions, including as to interpretation, Regulations, and financial provision.

There are 31 Schedules.

 

 

TOURISM IN WALES

July 9th, 2025 by James Goudie KC in Environment, Highways and Leisure

The Senedd has enacted its Visitor Accommodation ( Register and Levy ) etc ( Wales ) Bill, to ( 1 ) give Councils the choice to introduce, from 2027, following Consultation, a small VISITOR LEVY on overnight stays by adults, in order to raise funds all of which are to be reinvested in local TOURISM related expenses, and ( 2 ) introduce a national statutory free to enter REGISTER for all VISITOR ACCOMMODATION PROVIDERS in Wales, in order to support  policy development and decision-making. The Levy is the first local tax designed and legislated for in Wales.

 

HOMELESSNESS

July 4th, 2025 by James Goudie KC in Housing

R ( AA ) v WALTHAM FOREST LBC ( 2025 ) EWHC 1625 ( Admin ) concerns a local housing authority’s duties under Section 189A of the HOUSING ACT 1996. This relates to assessments and personalised plan. If the authority are satisfied that an applicant is homeless ( or threatened with homelessness ) and eligible for ASSISTANCE then Section 189A (1) provides that the authority MUST make an ASSESSMENT of the applicant’s case. Section 189A (2) states what an assessment MUST include. The Judge rejects a submission that there is a remedy alternative to Judicial Review with respect to a challenge to a Housing Needs Assessment and/or Personal Housing Plan.

 

UNPAID COUNCIL TAX

July 4th, 2025 by James Goudie KC in Council Tax and Rates

R ( MORLEY ) v SURREY HEATH BC ( 2025 ) EWHC 1678 ( Admin ) is concerned with the collection of unpaid council tax pursuant to the LOGAL GOVERNMENT FINANCEACT 1992 and Regulation 34 of the COUNCIL TAX ( Administration and Enforcement ) REGULATIONS 1992 . It is held unlawful for the Council to issue a SUMMONS demanding, as a pre-condition for avoiding an Application to a Magistrates’ Court for a LIABILITY ORDER , payment of a sum derived from a calculation which included the costs of applying for Liability Orders.

 

 

CROSSOVERS

July 3rd, 2025 by James Goudie KC in Environment, Highways and Leisure

When an individual has applied, under Section 184 of the Highways Act 1980, to construct a crossover, there is no legal obligation upon the highway authority to consult an adjacent neighbour or obtain their consent before constructing the crossover. Nor is there any breach of ECHR Article 1/1. So held in ANWAR v EALING LBC ( 2025 ) EWCA Civ 813.

 

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