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.
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