LONDON BOROUGH OF ENFIELD v A (2025) EWCA Civ 1355 concerns OUT OF BOROUGH PLACEMENTS. The Court of Appeal holds that a failure to give NOTIFICATION under Section 208 of the Housing Act 1996 within the statutory time limit does NOT affect the suitability of accommodation offered. It is the suitability of the offered accommodation that is the subject of any review . Any appeal must challenge the lawfulness of that decision. The duty under Section 208 is a “collateral duty”. Breach does not impugn the lawfulness of a review decision or the suitability of the offered accommodation. An appeal under Section 204 is limited to grounds that go to the legality of the review decision.
GREEN BELT
October 27th, 2025 by James Goudie KC in Planning and EnvironmentalThe Greater Manchester Combined Authority (GMCA)is made up of the ten Greater Manchester Councils and the Mayor of Greater Manchester. The GMCA has submitted a Joint Development Document (the Plan or DPD) to the SoS for examination on behalf of 9 of the 10 Councils. The SoS appointed an Inspector to examine the Plan. The Inspector recommended adoption of the Plan. In SAVE GREATER MANCHESTER GREEN BELT LTD v Sos for HCLG and GMCA the Claimants, who opposed the development of housing on green belt land, applied for statutory review of the adoption .The Court addressed examination of DPDs (paras27-34), challenge to a DPD ( paras 35-43), policies in the NPPF in relation to Green Belt (paras 44-101), the Examination (paras 102-108), and the Inspector’s Report (paras 109-122). All 5 Grounds of challenge were dismissed : paras 10/11 and 123).
ECHR
October 27th, 2025 by James Goudie KC in Human Rights and Public Sector Equality DutySee R (ARC Time Freehold Income Authorised Fund)v SoS for HCLG (2025) EWHC 2751 (Admin ) at paras 78-182 on the principles in relation to Article 1 of the First Protocol to the Convention.
ENVIRONMENTAL PERMIT
October 27th, 2025 by James Goudie KC in Planning and EnvironmentalThe Government has announced changes to the Environmental Permitting System.
The Environmental Agency will be empowered to consider, following consultation, which activities should be exempt from requiring an Environmental Permit.
MONETARY RELIEF
October 23rd, 2025 by James Goudie KC in Judicial Control, Liability and LitigationAn award of COSTS is NOT intended to provide compensation for loss in the same way as awards of DAMAGES in tort or for breach of contract. In relation to TORT, the purpose of damages is to place the successful claimant, so far as money can achieve, in the position he or she would have been in if he or she had not been injured by the wrongful act. In cases of BREACH OF CONTRACT, the award of damages is aimed at putting the claimant in as good a position as he or she would have been in if the contract had been performed. In contrast to an award of damages, by which the Court is giving effect to a party’s legal right to reparation, an ORDER FOR COSTS is a DISCRETIONARY remedy ( with a statutory basis). The Court has regard to ALL THE CIRCUMSTANCES. It is NOT an attempt to restore a party to the position it would have been in if it had not had to litigate to assert its rights. A Costs Order is “very different” from an award of damages. The Court is not addressing loss. The award of costs is not an entitlement. There is an entitlement to reparation of loss. So stated in PROCESS & INDUSTRIAL DEVELOPMENTS LTD v FEDERAL REPUBLIC OF NIGERIA (2025) UKSC 36.
LARGE SCALE DEVELOPMENT OF LAND FOR RESIDENTIAL DEVELOPMENT AND ENVIRONMENTAL PROTECTION
October 23rd, 2025 by James Goudie KC in Planning and EnvironmentalIn CG FRY & SON LTD v SoS for Housing, Communities and Local Government (2025) UKSC 35 the Supreme Court holds that where a development has a potential impact on a PROTECTED SITE under the CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2017 ( and the HABITATS DIRECTIVE as “assimilated law” and its strict “ precautionary approach”), an appropriate Environmental IMPACT ASSESSMENT under Regulation 63 can be carried out at the stage of a Decision (1) to give reserved matters approval or (2) to discharge conditions attached to such an approval where that would result in an authorisation for the project to proceed, BUT LPAs cannot at later stages of the planning process that had been approved in principle at the outline stage. Lord Sales also addressed RAMSAR SITES, designated under the RAMSAR CONVENTION and Section 57A of the WILDLIFE AND COUNTRYSIDE ACT 1981, and protected pursuant to the NPPF.
HOMELESSNESS
October 23rd, 2025 by James Goudie KC in HousingIn WANDSWORTH LBC v YOUNG (2025) EWCA Civ 1336 Newey LJ addressed a local authority’s NOTIFICATION OBLIGATIONS to its tenants after ending its MAIN HOUSING DUTY under Section 193, as amended, in Part VII of the Housing Act 1996.
RATIONALITY REVIEW
October 23rd, 2025 by James Goudie KC in Judicial Control, Liability and LitigationIn R(SAG) v WINCHMORE SCHOOL (2025) EWCA Civ 1335 Edis LJ at paras 44-46 described as “ compelling” Chamberlain J’s analysis in R(KP) v SoS FOR FOREIGN, COMMONWEALTH & DEVELOPMENT AFFAIRS (2025) EWHC 370(Admin) at paras 55-57 and 60/61 of (1) the nature of rationality review and (2) the relevance of the standard of review, as regards PROCESS IRRATIONALITY and OUTCOME IRRATIONALITY, and ANXIOUS SCRUTINY.
JUDICIAL REVIEW
October 21st, 2025 by James Goudie KC in Judicial Control, Liability and LitigationAdequate alternative remedies to Judicial Review are addressed in R ( AMMORI ) v SSHD ( 92025) EWCA Civ 1311 at paras 42-49.