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.

 

DETERMINATION OF PLANNING APPLICATION

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

The purpose of section 70C of TCLA 1990 is to enable a LPA to decline to determine an application for planning permission in respect of a breach of planning control which had a pre-existing ENFORCEMENT NOTICE issued in respect of that breach. The Court of Appeal in R ( Moran ) v MEDWAY Council m( 2026  EWCA Civ 484 says that the following questions arise for consideration by a LPA contemplating the use of Section 70C : (1) whether there is such a Notice,and (2) if so, whether the applicant seeks permission for development which includes development identified as a breach of planning control in that Notice. If so then then the LPA has a DISCRETION whether to (i) decline to consider the application, or (ii) to accept it and determine it on its merits ( which does not however require a full appraisal of the planning merits).

 

STRATEGIC PLANNING and BOUNDARY CHANGES

March 30th, 2026 by James Goudie KC in Planning and Environmental

The LGA has, on 27 March 2026, responded to the MHCLG Consultation on proposed geographies for producing across England in the context of local government reorganisation SPACIAL DEVELOPMENT STRATEGIES ( SDS ).

 

FUNCTIONAL SEPARATION

March 27th, 2026 by James Goudie KC in Planning and Environmental

In R ( BARBICAN QUARTER ORGANISATION LTD ) V CITY OF LONDON ( 2026 ) EWHC 687 ( Admin ) Fordham J holds that breach of the Regulation 64 of the Town & Country Planning ( Environmental Impact Assessment ) Regulations duty for functional separation did NOT have an automatic vitiating consequence for a decision in relation toa development proposal that is landowner, developer and decision-maker, where the breach of statutory duty demonstrably could have had no bearing on the decision. The  planning process would have been the same. No action would have been different.

 

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.