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.

 

ROAD NETWORK

March 26th, 2026 by James Goudie KC in Environment, Highways and Leisure

A DoT paper sets out 5 YEAR INVESTMENT STRATEGY for the management of the STRATEGIC ROAD NETWORK from April 2026 to March 2031.

 

ENVIRONMENTAL REGULATION

March 25th, 2026 by James Goudie KC in Environment, Highways and Leisure

A REPORT published on 25 March 2026 by the House of Commons Public Accounts Committee warns that the current environmental regulatory system is inadequate. The Report highlights the growing problem of ILLEGAL WASTE DUMPING, which exceeds the Environment Agency’s enforcement capacity.