In CG FRY & SON LTD v SoS for Housing, Communities and Local Government (2025) UKSC 35 the Supreme Court holds that where a development has a potential impact on a PROTECTED SITE under the CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2017 ( and the HABITATS DIRECTIVE as “assimilated law” and its strict “ precautionary approach”), an appropriate Environmental IMPACT ASSESSMENT under Regulation 63 can be carried out at the stage of a Decision (1) to give reserved matters approval or (2) to discharge conditions attached to such an approval where that would result in an authorisation for the project to proceed, BUT LPAs cannot at later stages of the planning process that had been approved in principle at the outline stage. Lord Sales also addressed RAMSAR SITES, designated under the RAMSAR CONVENTION and Section 57A of the WILDLIFE AND COUNTRYSIDE ACT 1981, and protected pursuant to the NPPF.

DHARMESHKUMAR v SoS & BRENT COUNCIL ( 2025) EWHC ( Admin ) is an appeal to a Planning Inspector against an Enforcement Notice served by the Council. It addresses questions about what works constitute development within Section 55 of TCPA 1990 and the interpretation of a planning decision by reference to extraneous material.