In HM TREASURY v GLOBAL FEEDBACK LTD ( 2025 ) EWCA Civ 624 at paras 72-143 inclusive the Court of Appeal holds that a claim falls within the Convention only when there is a contravention of a legal provision which concerns, or has to do with, the environment, its protection or regulation. It does not extend to any decision in breach of any national law which has an effect or impact on the environment.
CONSEQUENCE OF ENFORCEMENT NOTICE
April 30th, 2025 by James Goudie KC in Planning and EnvironmentalSection 57(1) of TCPA 1990 provides that planning permission is required for the carrying out of ANY development of land. Section 57(4) however creates an exception. In TITCHFIELD FESTIVAL THEATRE v SoS (2025) EWHC 883 (Admin) it is held that land in respect of which an enforcement notice has been issued is allowed to revert to a previous lawful use, without needing to go through the process of obtaining express planning permission.
USES CLASSES
April 14th, 2025 by James Goudie KC in Planning and EnvironmentalIn 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.
ENVIRONMENTAL INFORMATION
March 14th, 2025 by James Goudie KC in Planning and EnvironmentalAMIN 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 »
WASTE
March 13th, 2025 by James Goudie KC in Planning and EnvironmentalA 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 ).
LOCAL PLANS
February 28th, 2025 by James Goudie KC in Planning and EnvironmentalA 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.
COMMUNITY INFRASTRUCTURE LEVY
February 24th, 2025 by James Goudie KC in Planning and EnvironmentalCAPTAIN 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 »
PLANNING APPLICATION
February 21st, 2025 by James Goudie KC in Planning and EnvironmentalSection 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 »
NPPF
February 6th, 2025 by James Goudie KC in Planning and EnvironmentalPlanning 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.
ENVIRONMENTAL INFORMATION
January 13th, 2025 by James Goudie KC in Planning and EnvironmentalIn 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.