ENVIRONMENTAL INFORMATION REGULATIONS 2004 ( EIR )

June 16th, 2026 by James Goudie KC in Environment, Highways and Leisure

BRITISH TELECOMMUNICATIONS v INFORMATION COMMISSIONER ( 2026 ) UKFTT 877 ( GRC ) raises a question of considerable importance concerning the ambit of Reg 2 (2) of the EIR, and in particular its APPLICATION TO ENTITIES which, although operating in a commercial environment, perform FUNCTIONS within a a detailed statutory and regulatory framework governing the provision of ESSENTIAL INFRASTRUCTURE at a national level. The case concerned British Telecom ( BT ), found to be a public authority within Reg 2(2), and Openreach, a subsidiary of BT and a telecommunications infrastructure company, found NOT to be a public authority, within either Reg 2(2)©, the functional basis, or Reg 2(2)(d), the control basis. The Tribunal sets out the governing legal framework at paras 28-38 and the issues for determination at paras 39-44, and then its reasons and analysis at paras 45-224. BT is a public authority because it is entrusted under the applicable national law regime with the performance of services of public interest which have the requisite nontrivial nexus with the environment, and for that purpose is vested with SPECIAL POWERS going beyond the normal rules applicable between private persons. Openreach is NOT a public authority, because it is not itself vested with special powers and it is immaterial that as an operational fact it acts as BT’s agent, and determines in a genuinely autonomous manner the way it performs the relevant function.

 

 

STREET WORKS PERMITS

June 12th, 2026 by James Goudie KC in Environment, Highways and Leisure

In R ( THAMES WATER UTILITIES LTD ) v SWINDON BOROUGH COUNCIL ( 2026 ) EWHC 1348 ( Admin ) the claimant statutory undertaker applied for Judicial Review of the local highway authority’s decision to INCREASE THE FEES charged to the claimant for permits to carry out certain street works. The ISSUE was whether Regulation 32 of the TRAFFIC MANAGEMENT PERMIT SCHEME ( England ) REGULATIONS 2007 permitted fees to be applied only to PRESCRIBED COSTS incurred in the CURRENT FINANCIAL YEAR, or whether a permit authority could recover HISTORIC DEFICITS through increased fees in later years. The Court, considering the DoT’s statutory Guidance, holds that local highway authorities have NO POWER to increase the fees in order to cover past deficits. The statutory scheme requires the authority to endeavour to BALANCE COSTS AND FEES WITHIN A PARTICULAR YEAR, subject only to the possibility of carrying surpluses forward. Past deficits are relevant only insofar as they inform DECISIONS WHETHER ADHUSTMENTS HAD TO BE MADE TO THE STRUCTURE OF THE SCHEME, pursuant to regulation 29, to ensure a better balance in the future.

 

RIGHT OF WAY

May 7th, 2026 by James Goudie KC in Environment, Highways and Leisure

Ramblers Association v Cumberland Council and others (2026) EWCA Civ 534 concerns the meaning of “ actually enjoyed by the public for a full period of 20 years” and therefore deemed to have been DEDICATED AS A PUBLIC HIGHWAY pursuant to section 31 (1) of the Highways Act 1081. The Court of Appeal reaffirms ( para 40 ) that an intermission in use and an interruption of use are two quite different concepts, and ( para 50 ) that an intermission of use is relevant to the overall question of fact, and it is important to survey the extent and nature of the use over the whole of the relevant 20 year period. The reason for any intermission of use is likely to br relevant information : para 54. At para 64 the Court approved a summary of the law in 8 crisp propositions.

 

TOURISM

April 28th, 2026 by James Goudie KC in Environment, Highways and Leisure

The Senedd’s Development of Tourism and Regulation of Visitor Accommodation ( Wales) Bill has received Royal Assent. It (1) promotes the development of tourism, (2) regulates the provision of visitor accommodation , and (3) establishes a directory of visitor accommodation premises.

 

WALES

April 28th, 2026 by James Goudie KC in Environment, Highways and Leisure

The Senedd’s Environment ( Principles, Governance and Biodiversity Targets ( ( Wales ) Bill has on 27 April 2026 received Royal Assent. Its provisions include Environmental Objectives and Principles ( Part 1 ), the establishment of the Office of Environmental Governance wales, with power to ensure compliance by public authorities with environmental law ( Part 2 ), and biodiversity targets ( Part 3 ).

 

WASTE

April 13th, 2026 by James Goudie KC in Environment, Highways and Leisure

In BIRMINGHAM CITY COUNCIL v UNITE THE UNION ( 2026 ) EWHC 633 ( Admin ) the Union was fined for CONTEMPT after deliberately and repeatedly breaching an Injunction by OBSTRUCTING WASTE COLLECTION VEHICLES.

 

RECYCLING MUNICIPAL WASTE

March 31st, 2026 by James Goudie KC in Environment, Highways and Leisure

DEFRA has on 31 March 2026 new rules in relation to waste collections and sorting, including separate collections.

 

AIR POLLUTION

March 31st, 2026 by James Goudie KC in Environment, Highways and Leisure

A Welsh Government publication on 27 March 2026 summarises consultation responses to its draft plan to PROMOTE AWARENESS IN WALES OF AIR POLLUTION, and sets out the final delivery PLAN for 2025-2028.

 

CONTAMINATION

March 27th, 2026 by James Goudie KC in Environment, Highways and Leisure

 

The British Standards Institution has, on 25 March 2026, published an updated CODE OF PRACTICE for the INVESTIGATION OF LAND POTENTIALLY AFFECTED BY CONTAMINATION>

 

WASTE COLLECTION

March 27th, 2026 by James Goudie KC in Environment, Highways and Leisure

 

Pursuant to non-statutory DEFRA GUIDANCE, WASTE COLLECTION AUTHORITIES in England must, from 31 March 2026, provide WEEKLY FOOD WASTE COLLECTIONS from all households.