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.

 

PROTECTION OF LIVESTOCK

March 18th, 2026 by James Goudie KC in Environment, Highways and Leisure

The Dogs ( Protection of Lifestock ) ( Amendment ) Act 2025 has come into force on 18 March 2026. It provides FARM ANIMALS in England and Waleswith stronger protection from dog attacks, including on roads and paths.

 

WALES

March 4th, 2026 by James Goudie KC in Environment, Highways and Leisure

The Senedd has enacted the Environment ( Principles, Governance and Biodiversity Targets ) ( Wales ) Act. The Act (1) establishes a NEW FRAMEWORK FOR ENVIRONMENTAL PROTECTION IN WALES, (2) Crates a new OFFICE in Wales of ENVIRONMENTAL GOVERNANCE, and (3) sets BIODIVERSITY TARGETS.

 

HIGHWAYS

February 18th, 2026 by James Goudie KC in Environment, Highways and Leisure

By Section 41 of the HIGHWAYS ACT 1980, a highway authority is generally under a duty to maintain a highway maintainable at public expense.  Section 58 however provides a special defence in an action against a highway authority for damages for non-repair of a public highway that the authority had taken such care “ in all the circumstances “ as was “ reasonably required “ to “ secure “ that the part of the highway to which the action relates was “ not dangerous for traffic “. In SAMMUT v KENT COUNTY COUNCIL (2026 ) 2 WLUK 254 Coppel J holds that the authority’s RESOURCES are an IRRELEVANT MATTER.

 

CLEAN ENERGY

February 10th, 2026 by James Goudie KC in Environment, Highways and Leisure

An official publication addresses PLANS for growing local and community-owned CLEAN ENERGY PROJECTS.

 

ENVIRONMENTAL INFORMATION

January 30th, 2026 by James Goudie KC in Environment, Highways and Leisure

On whether a body is a PUBLIC AUTHORITY to which the ENVIRONMENTAL INFORMATION REGULATIONS are applicable, SA CERTIFICATION LTD v INFORMATION COMMISSIONER ( 2026 ) UKFTT 104 ( GRC ) reiterates that the critical question is whether the powers vested in the body are beyond those which result from the normal rules applicable in relation to persons governed by private law, and give the body an ability that confers on it a practical advantage relative to the rules of private law.

 

SEX DISCRIMINATION

January 30th, 2026 by James Goudie KC in Environment, Highways and Leisure

In SEX MATTERS v CITY OF LONDON CORPORATION ( 2026 ) EWHC 149 ( Admin ) Lieven J was concerned with the EQUALITY ACT 2010 in relation to admission arrangements at open air swimming ponds on Hampstead Heath. The Judgment is instructive on the preliminary issues of delay/prematurity and standing/alternative remedy.

 

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.