On 28 October 2025, the House of Lords Environment and Climate Change Committee has issued a publication and made Recommendations in relation to WASTE CRIME; and on 29 October 2025 OFWAT has launched a CONSULTATION on proposed changes to PERFORMANCE COMMITMENTS IN RELATION TO POLLUTION.
ENVIRONMENTAL PROTECTION
October 29th, 2025 by James Goudie KC in Planning and EnvironmentalSee R ( BADGER TRUST ) v NATURAL ENGLAND (2025) EWHC 2761 (Admin) on (1) justification for redactions in disclosed decision-making documents : parties cannot contract out of their open justice principles obligations : para 13; and (2) AARHUS Cost Caps : in deciding whether to allow a variation, the central issue is prohibitive expensiveness : para 29.
GREEN BELT
October 27th, 2025 by James Goudie KC in Planning and EnvironmentalThe Greater Manchester Combined Authority (GMCA)is made up of the ten Greater Manchester Councils and the Mayor of Greater Manchester. The GMCA has submitted a Joint Development Document (the Plan or DPD) to the SoS for examination on behalf of 9 of the 10 Councils. The SoS appointed an Inspector to examine the Plan. The Inspector recommended adoption of the Plan. In SAVE GREATER MANCHESTER GREEN BELT LTD v Sos for HCLG and GMCA the Claimants, who opposed the development of housing on green belt land, applied for statutory review of the adoption .The Court addressed examination of DPDs (paras27-34), challenge to a DPD ( paras 35-43), policies in the NPPF in relation to Green Belt (paras 44-101), the Examination (paras 102-108), and the Inspector’s Report (paras 109-122). All 5 Grounds of challenge were dismissed : paras 10/11 and 123).
ENVIRONMENTAL PERMIT
October 27th, 2025 by James Goudie KC in Planning and EnvironmentalThe Government has announced changes to the Environmental Permitting System.
The Environmental Agency will be empowered to consider, following consultation, which activities should be exempt from requiring an Environmental Permit.
LARGE SCALE DEVELOPMENT OF LAND FOR RESIDENTIAL DEVELOPMENT AND ENVIRONMENTAL PROTECTION
October 23rd, 2025 by James Goudie KC in Planning and EnvironmentalIn 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.
ENFORCEMENT NOTICE
October 6th, 2025 by James Goudie KC in Planning and EnvironmentalDHARMESHKUMAR 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.
ENVIRONMENTAL INFORMATION
September 30th, 2025 by James Goudie KC in Planning and EnvironmentalIn REED V ICO ( 2025 ) UKFTT 01131 ( GRC ) on Regulation 5 of the Environmental Information Regulations, the duty to make available environmental information on request, it is held, at para 39, that the relevant time is the time at which the request is made.
MATERIALLY MISLEADING REPORT
September 26th, 2025 by James Goudie KC in Planning and EnvironmentalR ( Williams ) v CYNGOR GWENT ( 2025 ) EWHC 2395 ( Admin ) concerns whether a planning decision had been made on a mistaken basis and whether the Officers Report and the accompanying documents were materially misleading. This was addressed at paras 35-45 inc. At paras 37 & 38 the Judge said that when considering that question “ account is to be taken of the readership “. Those to whom a Report is addressed are not planning lawyers nor planning consultants. The adequacy of the explanations contained in a Report are to be considered against the background of the local and other knowledge that readers will have.
PERMITTED DEVELOPMENT RIGHTS
September 5th, 2025 by James Goudie KC in Planning and EnvironmentalIn R ( RICKARDS ) v EAST HERTS DC ( 2025 ) EWHC 2238 ( Admin ) the Court states, at para 68, that crucially, with permitted development rights, the principle of development is already established by statute, and that what is left to consider is how that development should be implemented. At para 72 the Judge adds, in relation to lightness of touch, there is a distinction to bedrawn between considering whether permitted development rights apply and the details of the development subject to which those rights are exercised.
AARHUS CONVENTION
September 2nd, 2025 by James Goudie KC in Planning and EnvironmentalPublic interest in the protection of the environment is firmly established. The AARHUS CONVENTION requires that party states, including the UK, ensure that members of the public have access to challenge acts and omissions which contravene provisions of its national law relating to the environment. To that end, the AARHUS COSTS REGIME is designed to ensure that environmental claims are not prohibitively expensive AND that there is REASONABLE PREDICTABILITY. In GREEN LANE ASSOCIATION LTD v CENTRAL BEDFORDSHIRE COUNCIL ( 2025 ) EWHC 2251 ( Admin ), concerned with Traffic Regulation Orders, the Court says, at para 14 : “ The rules place clear demands on both parties. Claimants must claim the Aarhus costs protection at the very beginning of a claim and must supply the relevant financial information at the inception of a clai. Defendants must notify any disagreement or desire to vary the costs cap at their earliest opportunity, namely the filing of the AoS form. It is the incumbent on the Court to make an early decision on the dispute before more significant costs are incurred. The rules are strict so as to ensure reasonable predictability at an early stage. “
From para 36, the Court addresses the question of the test for assessing whether or not a claim falls within Aarhus. The claim was found to fall within the regime.