The EHRC has on 16 July 2026 published GUIDANCE for Councillors in WALES on EQUALITY IMPACT ASSESSMENTS.
ASSETS OF COMMUNITY VALUE
July 20th, 2026 by James Goudie KC in Land, Goods and ServicesVALIANT PUB CO LTD v NEWCASTLE CITY COUNCIL (2026) UKFTT 683 (GRC) holds that, for the purpose of determining whether a building or land was an ACV, the term “ community “ in Section 88(1) of the LOCALISM ACT 2011 is not limited to the vicinity of thre premises, but extended to groups with a SUFFICIENTLY PROXIMATE CONNECTION with them.
SUBSIDY CONTROL
July 20th, 2026 by James Goudie KC in Capital Finance and CompaniesTHOMAS 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.