NPPF

March 23rd, 2026 by James Goudie KC in Planning and Environmental

The Law Society on 20 March 2026 has responded to the MHCLG Consultation on a revised version of the NPPF.

 

RESERVED MATTERS

March 18th, 2026 by James Goudie KC in Planning and Environmental

The Court of Appeal in R ( Wildfish ) v Buckinghamshire COUNCIL ( 2026 ) EWCA Civ 283 holds that the LPA had not erred in granting an application for RESERVED MATTERS APPROVAL, concerning an outline planning permission for a residential development, by referencing a related permission, concerning a drainage scheme, not a reserved matter, granted to the developer under Section 73 of TCPA 1990.

 

CHANGE OF USE

March 13th, 2026 by James Goudie KC in Planning and Environmental

In EPPING FOREST DC v SOMANI HOTELS LTD (2026) EWCA 264, dismissing an appeal from Mould J (2025) EWHC 2937 (KB), the Court of Appeal, at para 53, reiterates that the distinction between a hotel or a hostel use is a fine one, and depends upon the circumstances of each case, including (1) the character of (a) the building and (b) the surrounding area, (2) (a) the operation and (b) its effects, and (3) relevant local policy considerations, and that the determination of such issues will depend upon the evidence and argumentsin each case.

 

ENVIRONMENTAL PERMITS

February 23rd, 2026 by James Goudie KC in Planning and Environmental

From 28 February 2026, operators applying for an environmental permit will need to include, for certain new or substantially refurbished electricity generating combustion power plants, a DECARBONISATION READINESS ( DR ) REPORT, in relation to CARBON CAPTURE READINESS, pursuant to the Environmental Permitting ( Electricity Generating Stations ) ( England and Wales ) Regulations 2016, as expanded in 2025.

 

PLANNING APPEALS

February 13th, 2026 by James Goudie KC in Planning and Environmental

PLANNING INSPECTORATE GUIDANCE outlines the new process for making expedited appeals.

 

PLANNING APPEALS

February 13th, 2026 by James Goudie KC in Planning and Environmental

WRITTEN REPRESENTATIONS PROCEDURE Amendment Regulations SI 2026/122, in force from 30 April 2026, expand the scope of the Written representations Procedure for Appeals made under Section 78 of TCPA 1990.

 

Habitats

December 1st, 2025 by James Goudie KC in Planning and Environmental

In OCEANA UK v SoS for Energy and Net Zero (2025) EWHC 3146 ( Admin ) Mould J at paras 41-61 inc reiterates the principles that apply to the interpretation and application of the Habitats Directive, relating to the appropriate assessment of implications for the integrity of a site from a plan or project in view of the site’s conservation objectives. At paras 131 & 142 the Judge explains the precautionary approach. At paras 166 & 179-183 inc he addresses the issue of climate change.

 

MAJOR INFRASTRUCTURE PROJECTS IN WALES

November 20th, 2025 by James Goudie KC in Planning and Environmental

The Infrastructure ( Wales ) Act 2024 ( Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025, S.I. 2025 ( 1192 ) ( W.193 ), coming into force on 14/15 December 2025, implement changes resulting from the Infrastructure Wales Act 2024.

 

CONSULTATION

November 18th, 2025 by James Goudie KC in Planning and Environmental

On 18 November 2025, MHCLG has issued a Consultation, for response by 13 January 2026, on reforming the role of STATUTORY CONSULTEES in the planning system in England.

 

COMMUNITY INFRASTRUCTURE LEVY

November 17th, 2025 by James Goudie KC in Planning and Environmental

In R ( Luck ) v Bracknell Forest Council ( 2025 ) EWHC 2984 ( Admin ) , concerned with the detailed procedure for the operation pf the self build housing exemption, Lieven J says, at para 59, that :-

  1. CIL is akin to a tax;
  2. The purpose of CIL is to provide funding for necessary development and to provide certainty to developers and the collecting authority as to when and how such liability arises.
  3. The statute (Planning Act 2008) and the 2010 Regulations ( Part 6 of which deals with exemptions and reliefs) form a DETAILED STATUTORY CODE which is SELF CONTAINED.
  4. The imposition of CIL is NOT discretionary.
  5. There is a STRICT PROCEDURE, set out in Reg 54B, which is OBLIGATORY;

Liability for CIL MUST be PRECISELY and RELIABLY calculated on an OBJECTIVE basis.