BIODIVERSITY

July 14th, 2026 by James Goudie KC in Planning and Environmental

DEFRA has on Bastille Day 2026 published BIODIVERSITY GAINS REGULATIONS, S.I. 2026/790. Laid before Parliament on 13 July 2026, and coming into force on 6 August 2026, amending MANDATORY BIODIVERSITY NET GAIN REQUIREMENTS FOR PROJECTS REQUIRING PLANNING PERMISSION, including an EXEMPTION for smallest developments.

 

CLIMATE CHANGE

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

A Climate Change Committee Report, published on 8 July 2026, provides advice on what the Seventh Carbon Budget means at local level. It highlights action that local authorities can take in order to support the delivery of the 2050 NET ZERO TARGET.

 

ENVIRONMENTAL INFORMATION REGULATIONS 2004 ( EIR )

July 1st, 2026 by James Goudie KC in Planning and Environmental

The EIR impose a duty to make available environmental information that a public authority “ holds 2.  In INFORMATION COMMISSIONER v O’HANLON (2026) EWCA Civ 838 the Court of Appeal holds that the date for determining what information is held is when the authority receives the request for information.

 

LPA FUNCTIONS

June 10th, 2026 by James Goudie KC in Planning and Environmental

The Town & Country Planning ( Discharge of LPA Functions ) ( England ) Regulations 2026 will come into force on 31 October 2026. They set out a NATIONAL SCHEME OF DELEGATION for planning decisions which must be followed by all relevant LPAs. There are types of planning applications which MUST ALWAYS BE DELEGATED TO PLANNING OFFICERS and other types which MAY be referred to a Planning Committee or Sub-Committee for determination. They also set out a MAXIMUM NUMBER OF MEMBERS who may sit on a Planning Committee.

 

DELEGATION OF PLANNING FUNCTIONS

June 1st, 2026 by James Goudie KC in Planning and Environmental

MHCLG has, on 1 June 2026, published GUIDANCE explaining how LPAs in England should implement the NATIONAL SCHEME of Delegation of Planning Functions, scheduled to come into force on 31 October 2026.

 

RAMSAR

May 22nd, 2026 by James Goudie KC in Planning and Environmental

The Planning & Infrastructure Act 2025 ( Commencement No.3 etc ) Regulations  S.I.2026/549_ bring into force, on 21 May 2026, most of Part 1 of the Planning and Infrastructure Act 2025, including provisions to extend the protection of Part 6 of the Regulations to RAMSAR SITES in England, by introducing a statutory requirement as to how such sites are to be treated when carrying out assessments under the Regulations.

 

NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECTS

May 21st, 2026 by James Goudie KC in Planning and Environmental

A Treasury Policy Paper, published on 20 May 2026, proposes further reforms to JUDICIAL REVIEW of the above. It sets out operational mechanisms, including a House of Commons Development Consent Order.

 

WALES

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

The Planning * Wales ) Act 2026 has been enacted. It is in 15 parts, It forms part of a Code of Welsh law relating to planning. It consolidates enactments.

 

PLANNING

April 28th, 2026 by James Goudie KC in Planning and Environmental

 

The Senedd’s Planning ( Wales) Bill has received Royal Assent. It CONSOLIDATES certain enactments relating to planning. See also the Planning ( Consequential Provisions ) ( Wales ) Bill.

 

CLEUD

April 24th, 2026 by James Goudie KC in Planning and Environmental

In R ( Ocean One Hundred Ltd ) v New Forest National Park Authority (2026) EWCA Civ 492 the Court of Appeal is concerned with APPARENT BIAS and OFFICER REPORTS in in the context of a CERTIFICATE OF LAWFULNESS OF EXISTING USE OR DEVELOPMENT and its REVOCATION, pursuant to Sections 191-195 TCPA 1990, Article 24 of the TCP (GDO Procedure) Order 1995, Article 39 of the TCP (Development Management Procedure)(England) Order 2015, and common law requirements of PROCEDURAL FAIRNESS and other public law requirements, including as to giving reasons.