In WEST SUFFOLK COUNCIL v SoS (2025) EWHC 861 (Admin) the Administrative Court discusses the correct interpretation of the TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1987, specifically the phrase in Class E(e) “the provision of medical or health services, principally to visiting members of the public” and the phrase in Class E(g)(ii) “the research and development of product or processes”.

Lang J concludes that the natural and ordinary meaning of the language in both cases is clear. As to the former, two things are required. First, there has to be use of premises, or part premises, for the purpose of the provision of medical or health services. Second, the services have to be provided principally to visiting members of the public. As to the latter, two things are required. First, there has to be use, or part use, for the purpose of research and development. Second, that has to be of products or processes.

AMIN v INFORMATION COMMISSIONER AND SECRETARY OF STATE for LEVELLING UP, etc (2025) UK FTT 00221 (GRC) is concerned with planning permission for a coal mine. In May 2017 West Cumbria Mining Ltd applied for planning permission for a new coal mine near Whitehaven. The Secretary of State, Michael Gove, called in the planning application. A local public inquiry was held. The Planning Inspector recommended that permission be granted. On 7 December 2022 the Secretary of State granted planning permission. On 10 July 2023 Mr Amin requested Read more »

A Local Planning Authority’s Minerals and Waste Local Plan can through the planning process regulate harm to a river network caused by nutrient pollution from agricultural waste, such as manure, and its disposal. The LPA are not required to assume that other regulatory regimes would operate effectively to prevent harm. So held in NFU v HEREFORDSHIRE COUNCIL ( 2025 ) EWHC 536 ( Admin ).

A MHCLG “ Collection “, published on 27 February 2025, gathers together information and resources for local planning authorities on creating a Local Plan, that reflect (1) the current legal framework for Local Plans, (2) the NPPF, PPGs and other planning guidance and policy,(3) digital technology, and (4) the implementation “ later this year “ of the new plan-making system introduced by the Levelling-up and Regeneration Act 2023.

CAPTAIN LEE JONES v SHROPSHIRE COUNCIL (2025) EWHC 365 (Admin) is an application for Judicial Review of the Council’s Decision to issue and serve on the Claimant a CIL Stop Notice under Regulation 90 of the Community Infrastructure Regulations 2010. Read more »

Section 70C of the Town and Country Planning Act 1990 bears the heading “power to decline to determine retrospective application”.  Its purpose, or one of its purposes, is to prevent repeat planning applications being used to delay or frustrate ENFORCEMENT ACTION by taking many “bites of the cherry”.  In R (MORAN) v MEDWAY COUNCIL (2025) EWHC 350 (Admin) the Council invoked Section 70C in the decision challenged declining to determine a planning application submitted by the Claimant. A LPA can do that under Section 70C(1) Read more »

Planning Policy Guidance is a proper aid to clarifying and understanding the meaning of the NPPF. The NPPF can be amended, or altered, by guidance in the PPF. So held in MEAD v SoS (2025) EWCA 32.

In the EIR Regulation 12(5)(d) relates to the confidentiality of “ proceedings”. What constitutes a “ proceeding “ for this purpose? Does it embrace pre-application planning advice? No, said the FTT in JOPLING v RICHMOND (2024) UKFTT 163 (GRC). There is now a FTT decision to the contrary : MEIRA v LAMBETH (2025) UKFTT 18 (GRC) at paras 20-34 inc, paras 96-98 inc, especially para 97, and paras 120-126 inc, especially para 121.

In England and Wales, a local planning authority (LPA) determining an application for planning permission must have regard to the relevant provisions of the statutory development plan (s.70(2) of the Town and Country Planning Act 1990 – TCPA 1990). That determination must be made in accordance with the development plan unless material considerations indicate otherwise (s.38(6) of the Planning and Compulsory Purchase Act 2004 – PCPA 2004).

For any area in Wales, by s.38(4) of the PCPA 2004 the development plan comprises:
(1) The National Development Framework for Wales (NDFW)
(2) Any strategic development plan which includes all or part of that area;
(3) The local development plan for that area (LDP).

Each LPA in Wales must “prepare” a LDP for their area (s.62(1) of the PCPA 2004). A draft LDP is subject to public consultation and reconsideration in the light of responses from the public and consultees. When the LPA considers that the draft LDP is ready, they must submit it to the Welsh Ministers (WM) for independent examination by one or more Planning Inspectors, to determine whether the draft satisfies certain legal requirements and is “sound”. A person who has made representations seeking to change the draft LDP is entitled to be heard at the examination held by the Inspector. Many parties and statutory consultees may be involved in this process. At the conclusion of the examination, the Inspector must make recommendations as to whether or not the plan should be adopted, with or without modifications. He must also give reasons for those recommendations (s.64 of the PCPA 2004).

Section 67 of the PCPA 2004 deals with the adoption of a LDP. In summary:
(1) The LPA “may” adopt a LDP as “originally prepared” if the examining Inspector makes a recommendation to that effect, that is with no modifications (s.67(1)); or Read more »

In KEEP CHISWELL GREEN v SoS () 2024 ) EWHC 2723 ( Admin ) the Claimant  on a planning appeal was not allowed. To adsvance submissions based on new material. It is incumbent on parties, including unrepresented parties, to place before the planning decision-maker the material upon which they rely.