LOW TRAFFIC NEIGHBOURHOOD SCHEME

January 23rd, 2026 by James Goudie KC in Environment, Highways and Leisure

R ( HAWES ) v TOWER HAMLETS LBC ( 2026 ) EWCA Civ 24 is concerned with the London Borough Council’s decision to revoke such a Scheme. The judicial review challenge succeeded to the extent that the Council was found to have breached its statutory duty under Section 151(1)(a) of the Greater London Authority Act 1999 not to act inconsistently with a LOCAL IMPLEMENTATION PLAN approved by the Mayor of London.

 

RIGHT OF WAY

January 14th, 2026 by James Goudie KC in Environment, Highways and Leisure

There is a rebuttable presumption that a right of way marked on a definitive map actually exists, as marked. However, Section 53(2) of the Wildlife and Countryside Act 1981 empowers the local authority to MODIFY THE MAP if it discovers admissible evidence that there has been an error in its preparation.

Inconsistency between map and statement and/or comparison of the documents with the situation on the ground at the relevant time are such evidence. Indeed extrinsic evidence for this purpose is confined to that.

 

ENVIRONMENTAL PROTECTION

December 2nd, 2025 by James Goudie KC in Environment, Highways and Leisure

DEFRA has, on 1 December 2025, published a 123 pages ENVIRONMENTAL IMPROVEMENT PLAN, pursuant to Section 10(6) of the post Brexit  Environment Act 2021, seetting out (1) 10 long term GOALS, and how they can be delivered, and (2) 91 COMMITMENTS.

 

BUSES

October 29th, 2025 by James Goudie KC in Environment, Highways and Leisure

A Committee of Public Accounts Report, published on 29 October 2025, raises concerns over ACCESSIBILITY FOR ELDERLY AND DISABLED PEOPLE and makes a number of Recommendations to the Department for Transport.

 

BUSES

October 28th, 2025 by James Goudie KC in Environment, Highways and Leisure

The Bus Services (No 2) Act has become law. Amongst other matters, it tightens requirements for cancelling routes empowers Councils to identify services as socially necessary, and lifts the ban on Councils setting up their own bus companies.

 

REVISION OF ENVIRONMENTAL IMPROVEMENT PLAN

October 21st, 2025 by James Goudie KC in Environment, Highways and Leisure

The UK Government has on 20 October 2025 published its Response to the Office for Environmental Protection’s Report on improving the natural environment in England from January 2025.

 

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.”

 

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.

 

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.

 

ENVIRONMENT PROTECTION ACT 1980 Section 80

June 10th, 2025 by James Goudie KC in Environment, Highways and Leisure

A noise nuisance abatement notice was held to be valid in ENFIELD LBC v BECKFORD (2025) EWHC 1218. The notice did not have to specify the steps the recipient had to take. It was for the recipient to decide how to achieve the abatement.