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).

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 ).

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.

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

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.

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.

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 INSPECTORATE GUIDANCE outlines the new process for making expedited appeals.

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.

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.