THOMAS v DURHAM COUNTY COUNCIL (2026) CAT 47 holds that under Section 70(1) of the SUBSIDY CONTROL ACT 2022 an APPLICATION FOR REVIEW OF A SUBSIDY DECISION might be made only once the authority had taken a FORMAL FINAL DECISION to give a subsidy ( or to provide assistance which the applicant considered to be a subsidy, even if the authority disputed that characterisation). Section 70(1) did NOT grant the Tribunal jurisdiction to review any earlier decision in the decision-making process , such as a provisional or “ in principle “ decision.
SELECTIVE LICENSING
July 16th, 2026 by James Goudie KC in HousingR ( Howard de Walden Estates Ltd ) v Westminster City Council( 2026 ) EWHC 1731 ( Admin ) holds that designating an area for selective licensing under SECTION 80 of the HOUSING ACT 2004 by reference to ward boundaries was lawful. Every property in a designated area does not have to be inspected or benefit from improvement. It is sufficient that a significant number of properties be inspected and general housing conditions in the area as a whole be improved.
AUDIT
July 14th, 2026 by James Goudie KC in Non Judicial ControlThe CODE OF AUDIT PRACTICE of the Auditor General of Wales has been updated, to reflect developments since 2020, including AI and strengthen requirements on proportionality, professional scepticism and audit independence.
BIODIVERSITY
July 14th, 2026 by James Goudie KC in Planning and EnvironmentalDEFRA 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.
COMPANY DIRECTORS
July 14th, 2026 by James Goudie KC in Capital Finance and CompaniesAn individual Director does NOT have carte blanche to seek to implement a dissenting view by any means he thinks necessary, however covert or disloyal. So rules the Supreme Court in SAXON WOODS INVESTMENTS LTD v COSTA ( 2026 ) UKSC 21.
CONSULTATION
July 14th, 2026 by James Goudie KC in Decision making and ContractsR ( BUJ ) v BROMLEY LBC ( 2026 ) EWCA Civ 888 holds that the Council was under a COMMON LAW DUTY TO CONSULT (1) the users of an adult education centre and ( 2 ) their carers ( a small group of identifiable persons ) before deciding to close it. This was based on fairness, rationality and legitimate expectation.
CLIMATE CHANGE
July 13th, 2026 by James Goudie KC in Planning and EnvironmentalA 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.
POWER OF ENTRY
July 10th, 2026 by James Goudie KC in Land, Goods and ServicesWhen an acquiring authority seeks to exercise its POWER OF ENTRY FOR SURVEY under the Housing and Planning Act 2016 to enter land at a “ reasonable time “, its NOTICE (1) has to be given to every owner or occupier, (2) does not run with the land, and (3) has to include DETAILS OF WHAT IS PROPOSED with such PRECISION as is reasonable and practicable, explaining (i) what is proposed to be done, (ii) where, and (3) when. So held in BARSTOW v GREEN GENERATION ENERGY ( 2026 ) EWHC 1698 ( Admin ).