MHCLG has, on 1 June 2026, published GUIDANCE explaining how LPAs in England should implement the NATIONAL SCHEME of Delegation of Planning Functions, scheduled to come into force on 31 October 2026.
CONTEMPT OF COURT
June 1st, 2026 by James Goudie KC in Judicial Control, Liability and LitigationOn liability and sanctions for contempt of court by a public authority in failing to comply with a FTT Order to disclose information pursuant to FoIA 2000, see CLEASBY v ESSEX UNIVERSITY (2026) UKUT 187 (AAC).
SOCIAL HOUSING
June 1st, 2026 by James Goudie KC in HousingThe SOCIAL HOUSING BILL aims (1) to protect social housing stock, in particular by reforms to RIGHT TO BUY, and (2) to support social housing tenants who are VICTIMS OF DOMESTIC ABUSE.
ALLOCATION
June 1st, 2026 by James Goudie KC in HousingR ( Freedom from Torture) v SSHD (2026) EWHC 1278 ( Admin) holds that SSHD acted unlawfully by amending her allocation of ASYLUM ACCOMMODATION Policy without CONSULTING specialist Charities supporting SURVIVORS OF TORTURE & TRAFFICKING, contrary to established PRACTICE, and in breach of the PSED and the Tameside duty of inquiry.
REGISTRATION OF COMMON
May 27th, 2026 by James Goudie KC in Land, Goods and ServicesCommon land is defined by 2 mutually exclusive types of land : land subject to rights of common; and waste land of the manor, not subject to rights of common. R(COMBER) v HAMPSHIRE COUNTY COUNCIL (2026) EWHC 1244 (Admin) holds that there is NO JURISDICTION TO DETERMINE AN APPLICATION TO REGISTER LAND as “ wate land of a manor not subject to rights of common”, within Section 22(1)(b) of the COMMONS REGISTRATION ACT 1965 when the registration authority is not a “ pioneer authority operating the scheme in the 2006 Act.
RAMSAR
May 22nd, 2026 by James Goudie KC in Planning and EnvironmentalThe Planning & Infrastructure Act 2025 ( Commencement No.3 etc ) Regulations S.I.2026/549_ bring into force, on 21 May 2026, most of Part 1 of the Planning and Infrastructure Act 2025, including provisions to extend the protection of Part 6 of the Regulations to RAMSAR SITES in England, by introducing a statutory requirement as to how such sites are to be treated when carrying out assessments under the Regulations.
LEGISLATION
May 22nd, 2026 by James Goudie KC in HousingA SOCIAL HOUSING BILL was introduced on 14 May 2026. Part 1 relates to RIGHT TO BUY, and Part 2 to protection of tenants from domestic abuse.
CONSTRUCTION CONTRACTS
May 22nd, 2026 by James Goudie KC in Decision making and ContractsChapter 2 of Part 1 of the Commercial Payments Bill, introduced on 19 May 2026, would make amendments in relation to payments underthe Housing Grants, Construction and Regeneration Act 1996, including by new provisions on retentions and retention clauses.
NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECTS
May 21st, 2026 by James Goudie KC in Planning and EnvironmentalA Treasury Policy Paper, published on 20 May 2026, proposes further reforms to JUDICIAL REVIEW of the above. It sets out operational mechanisms, including a House of Commons Development Consent Order.