On 29 August 2025 the Court of Appeal has allowed an appeal against the interim injunction granted to EPPING FOREST DC blocking the use of the BELL HOTEL in its area to accommodate asylum seekers pending a full hearing in October 2025. The Judge’s approach to the balance of convenience exercise and a range of public interest factors had been seriously flawed in principle and in a number of respects. In particular, it was desirable to preserve the status quo, and undesirable to incentivise protests.
ASSET OF COMMUNITY VALUE
August 29th, 2025 by James Goudie KC in Land, Goods and ServicesFORESTSCAPE LTD v KINGS LYNN & WEST NORFOLK BC ( 2025 ) UKFTT 1027 ( GRC) is in the context of the legislation governing ACVs in Sections 87-108 inc of the Localism Act 2011 and the ACVs England Regulations 2012. It is held that Petney Woods is not capable of being listed as an ACV. It is not capable of being of community value and being listed because as a caravan site it is required to be but is not listed by the local authority under the Caravan Sites & Control of Development Act 1960.
CHANGE OF USE
August 22nd, 2025 by James Goudie KC in Planning and EnvironmentalIn 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 HousingFERTRE 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 EnvironmentalIn 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 EnvironmentalIn 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 LeisureThe 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 ContractsFollowing 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 LeisureThe 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 HousingR ( 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.