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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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Real Estate: UK ( RE: UK) has issued its reply to the Ministry of Housing, Communities and Local Government ( MHCLG) consultation concerning classification of higher-risk building work......
In this issue: Planning for nationally significant infrastructure project Rights of common Appropriate assessment and the Habitats and Birds Directive Daily and weekly news alerts New and updated content Related Documents Planning for nationally significant infrastructure project Court of Appeal refuses extension of time for Luton Airport DCO appeal ( Luton and District Association for the Control of Aircraft Noise v SST) In R (on the application of Luton and District Association for the Control of Aircraft Noise) v Secretary of State for Transport [2026] EWCA Civ 648, the Court of Appeal firmly declined to extend time to seek permission to appeal from the High Court’s rejection of a judicial review of the Luton Airport development consent order ( DCO). The appellant failed to meet the seven-day deadline for a permission application, then waited longer still before asking for extra time. The court determined that the default was serious and...
Following consultation conducted between December 2025 and February 2026, the Department for Energy Security and Net Zero ( DESNZ) has released a summary of responses on proposed alterations to fees for energy infrastructure planning applications......
In this issue: Biodiversity Appeals Planning applications and decisions Nationally significant infrastructure Daily and weekly news alerts New and updated content Related Documents Biodiversity BNG reforms—consultation responses on smaller schemes and NSIPs and new consultation on brownfield exemption proposal Planning analysis: The government has issued responses to two biodiversity net gain ( BNG) consultations: one seeks to refine delivery for minor, medium and brownfield schemes, and the other addresses BNG for nationally significant infrastructure projects ( NSIPs). The responses indicate increased flexibility for smaller developments and confirm that NSIPs will be subject to mandatory BNG from 2 November 2026, alongside additional clarity on how the regime will function in practice. A further consultation has also been released on a targeted BNG exemption for residential brownfield development. See News Analysis: BNG...
In this issue: When planning permission is needed Compulsory purchase Planning applications and decisions Biodiversity Planning appeals Daily and weekly news alerts New and updated content When planning permission is needed Court confirms serviced apartments are sui generis use comprising a single planning unit ( Empire Communications Ltd v SSHCLG) In Empire Communications Ltd v SSHCLG [2026] EWHC 817 ( Admin), the Planning Court dismissed an appeal against an inspector’s decision to uphold an enforcement notice. The inspector’s expert planning judgement was exercised in finding the properties were in sui generis use as short‑stay serviced apartments rather than Use Class C3 dwellinghouses. That conclusion flowed from an assessment of the overall character of use, taking into account matters such as the apartment layouts, shared facilities, how the premises were marketed, and the services provided for guests. The...
In this issue: Planning applications and decisions Planning judicial and statutory review Planning policy Heritage and natural environment Lex Talk® Planning: a Lexis Nexis® community Daily and weekly news alerts New and updated content Planning applications and decisions MHCLG publishes new planning consultation direction for England The Ministry of Housing, Communities and Local Government ( MHCLG) has issued the Town and Country Planning ( Consultation) ( England) Direction 2026, made under the Town and Country Planning ( Development Management Procedure) ( England) Order 2015, SI 2015/595. Under this Direction, local planning authorities ( LPAs) must approach the Secretary of State before turning down planning consent for schemes of 150 or more dwellings or flats, where the application remains undetermined before 11 May 2026. See: LNB News 31/03/2026 29. MHCLG publishes planning committee reform response alongside consultation on draft regulations MHCLG has released its reply to the 2025 technical consultation on planning committee reform, together with the...
R (on the application of Valentine London Ltd) v Secretary of State for Housing, Communities and Local Government and another [2026] EWHC 790 ( Admin) What was the background? The claimant pursued a planning statutory review of an inspector’s decision under TCPA 1990, s 288. The first defendant was the Secretary of State, to be served via the Government Legal Department, and the second defendant was the local planning authority. By virtue of TCPA 1990, s 288(4B) and CPR PD 54D, para 4.11, the claim had to be issued and served within six weeks, a period which in this matter ended at midnight on 28 July 2025. The issue for the court was whether service had been effected in time so as to confer jurisdiction. The claimant sought to set aside an earlier order that had, on the papers, struck out the claim and refused extra time for...
Titchfield Festival Theatre Ltd v Secretary of State for Housing, Communities and Local Government and another [2026] EWCA Civ 368 What was the background? Titchfield ran a theatre across three linked units ( Areas A, B and C). In 2023, Fareham Borough Council, as local planning authority, served an enforcement notice alleging an unauthorised material change of use to theatre use in Areas B and C, and associated engineering works. The notice required cessation of use and reinstatement works. Titchfield appealed under TCPA 1990, s 174. During the appeal it was agreed that, before the breach, Areas A and B had lawful theatre use, while Area C had lawful storage use. Titchfield’s case relied in part on a fallback under TCPA 1990, s 57(4), contending it was entitled to revert to those former uses and that steps required by the enforcement notice, on a ground (f)...
Barbican Quarter Organisation Ltd) v City of London Corp [2026] EWHC 687 ( Admin) What was the background? The claimant, Barbican Quarter Organisation Ltd, sought to overturn a planning permission issued by the City of London Corporation for the London Wall West scheme. A striking aspect was that the Corporation featured on both sides of the fence: it was the defendant as local planning authority, yet also the interested party as landowner and developer. That dual role meant the case raised a self-grant planning permission issue. The impugned decision was the permission dated 11 December 2024, following the authority’s 17 April 2024 resolution. The primary ground relied on regulation 64(2) of the Town and Country Planning ( Environmental Impact Assessment) Regulations 2017, SI 2017/571, which obliges an authority to put in place suitable administrative measures to secure functional separation where it is both promoter and...
In this issue: Securing, delivering and varying planning permission Planning and Infrastructure Act 2025 New towns Housing When planning consent is required Planning policy Planning conditions, obligations and CIL Planning and flood risk Planning for nationally significant infrastructure Daily and weekly news alerts New and updated content Obtaining, implementing and amending planning permission Consultation on reforms to planning application fees and local fee setting in England. On 23 March 2026, the Ministry of Housing, Communities and Local Government ( MHCLG) released the consultation Fees for planning applications. The consultation addresses a significant and continuing funding gap in local planning authority services in England, estimated at around £330m in 2024/25, and follows previous fee rises and the introduction of new local fee‑setting powers under the Planning and Infrastructure Act 2025......
R ( On the Application of Oliver Perrin) v North Devon District Council [2026] EWHC 535 ( Admin) What are the practical implications of this case? The decision serves as a clear reminder that, even when officers characterise the planning balance as finely poised, a committee that diverges from a reasoned recommendation must still articulate why, showing how the central policy tension has been addressed. The judgment also emphasises the need to manage councillor involvement with care in contentious planning matters. In combination, informal associations with applicants, earlier assistance, public endorsements, and a leading role in committee debate can generate an appearance of bias, even if no actual impropriety is established. Authorities and their advisers should examine such concerns at an early stage, and members should err on the side of caution where continued participation might later jeopardise the decision’s...
In this issue: Planning policy Permitted development Environmental impact assessment Planning judicial review Planning enforcement Planning for nationally significant infrastructure Daily and weekly news alerts New and updated content Planning policy Government publishes Land Use Framework The Department for Environment, Food & Rural Affairs has released England’s first Land Use Framework. It explains how land can be used more efficiently to strengthen the resilience of housing, communities, infrastructure and food systems, while accelerating development and restoring nature. It sets out a 2050 vision for future landscapes, guiding principles for land-use decisions, and actions to enable change. See: LNB News 19/03/2026 22. Mayor of London publishes London Infrastructure Framework to 2050 The Mayor of London, working with London Councils, has issued the London Infrastructure Framework ( LIF). It provides a long-term plan to unlock growth by addressing rising pressures on transport, energy, water, waste and digital connectivity. The LIF identifies 51 priority projects across key sectors to...
On 13 March 2026, the Ministry of Housing, Communities and Local Government released the consultation outcome ‘ Environmental Outcomes Reports: a new approach to environmental assessment—government response’, alongside ‘ Environmental Outcomes Reports: roadmap to reform’, which details the government’s intended timetable and phased roll-out of the new EOR regime. What is the background to the consultation response? In March 2023, the previous administration sought views on introducing Environmental Outcomes Reports ( EORs) as a replacement for the EU-derived strategic environmental assessment ( SEA) and environmental impact assessment ( EIA) systems. That consultation ran for 12 weeks, from March to June 2023. It followed the inclusion of enabling powers in Part 6 of the Levelling-up and Regeneration Act 2023, establishing the statutory platform for a domestic framework to supersede SEA and EIA. Although those powers were brought into force in December 2023, the requisite...
In this issue: Planning policy Planning ( Wales) Bill Judicial and statutory review Planning enforcement Buildings and Building Regulations Environmental assessments Daily and weekly news alerts New and updated content Related Documents Planning policy Five statutory instruments published to implement LURA 2023 plan-making reforms Five statutory instruments have been formally presented to Parliament to deliver the updated plan-making framework brought in by the Levelling- Up and Regeneration Act 2023 ( LURA 2023). The LURA 2023 measures are enacted through legislative changes to the Planning and Compulsory Purchase Act 2004. These are supported by a suite of regulations, which include the following: — Levelling- Up and Regeneration Act 2023 ( Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026, SI 2026/169, which bring into force most of the overhauls to the plan-making regime in LURA 2023 and, in...
In this issue: Planning policy Planning judicial and statutory review Planning for nationally significant infrastructure Planning applications and decisions Lex Talk®Planning: a Lexis®Nexis community Daily and weekly news alerts New and updated content Related Documents Planning policy Further provisions of the Levelling-up and Regeneration Act 2023 to come into force On 2 March 2026, two further statutory instruments were laid to bring into effect provisions of the Levelling-up and Regeneration Act 2023 ( LURA 2023): the Levelling-up and Regeneration Act 2023 ( Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026, SI 2026/169 the Levelling-up and Regeneration Act 2023 ( Consequential Amendments and Transitional Provisions) ( No. 3) ( England) Regulations 2026, SI 2026/206 From 25 March 2026, the Commencement No. 11 Regulations set in motion a broad tranche of LURA 2023 updates reshaping how local plans are...
Wiltshire Council v Secretary of State for Housing, Communities and Local Government and another [2026] EWHC 463 ( Admin) What are the practical implications of this case? The ruling clarifies that occurrences arising after a valid planning determination cannot later be used to undo that lawful decision. Although case law allows fresh material to be deployed in challenges to show an error of fact, that strand is confined to misapprehensions of a settled and relevant fact. Here, nothing new established any factual error by the inspector when deciding: the fire damage was not present on the date of decision. The blaze occurred afterwards; accordingly, the inspector’s decision was not rendered unfair. The judgment also underlines that the current statutory planning regime supplies suitable tools to address altered circumstances, whether by applications under section 73 of the Town and Country Planning Act 1990 ( TCPA 1990) or by...
In this issue: Planning policy Planning conditions, obligations and community infrastructure levy Transport and Works Act Orders Planning applications and decisions Planning for nationally significant infrastructure Housing Buildings and Building Regulations Planning for major infrastructure Planning policy Court confirms need to consider allocation-wide infrastructure contributions despite absence of masterplan ( Trafford Metropolitan BC v SSHCLG) In Trafford Metropolitan BC v SSHCLG [2026] EWHC 261 ( Admin), the court set aside an inspector’s approval of an outline B2/ B8 proposal within the New Carrington strategic allocation because the inspector treated the lack of an adopted masterplan as a reason to require no infrastructure contribution. The court found that the Places for Everyone policy still requires proportionate, allocation-wide contributions to be confronted, together with consideration of highways impacts across the allocation. See News Analysis: Court confirms need to consider...
Lancaster City Council v SSHCLG [2026] EWHC 263 ( Admin) What are the practical implications of this case? This decision illustrates the situations in which a TCPA 1990, s 73 application can be relied upon to alter an affordable housing obligation. In this instance, that was achievable—together with a deed of variation amending the affordable housing provisions in the related s 106 agreement—because the original planning permission included a condition that controlled affordable housing by requiring compliance with a housing mix set out in an accommodation schedule. What was the background? Lancaster City Council ( LCC) granted planning permission in 2021 for up to 24 dwellings (the Original Permission), with a s 106 agreement (the Original Agreement) entered into alongside it to secure affordable housing. In 2024, the developer applied under TCPA 1990, s 73 to vary condition 11 of the Original Permission, proposing to alter the...
What is the purpose of, and key provisions of, these Regulations? Created under the Building Safety Act 2022 ( BSA 2022) as a central pillar of its reform of the building safety system, the Building Safety Regulator ( BSR) was initially housed within the Health and Safety Executive ( HSE), conferring significant new duties over the safety and performance of all buildings, irrespective of height. The BSR’s remit is extensive and includes, among other things, monitoring the effectiveness and performance of the building control profession, advising on revisions to procedural elements and functional requirements within the building regulations, and raising the competence of everyone engaged in the construction sector. The BSR acts as the building control authority for higher-risk buildings and serves as the safety regulator for occupied buildings. In June 2025, the government announced reforms to the BSR, including...
In this issue: Planning policy Planning for nationally significant infrastructure Planning appeals Marine planning Planning issues in property transactions Daily and weekly news alerts New and updated content Latest Q& A Planning policy Consultation on areas for producing spatial development strategies On 12 February 2026, the Ministry of Housing, Communities and Local Government opened a consultation seeking feedback on proposed sub‑regional areas within which spatial development strategies ( SDSs) should be prepared in England. The purpose is to settle on ‘sensible’ SDS geographies—broadly reflecting devolution footprints where feasible—so that prospective strategic planning authorities can commence preparatory work in advance of the SDS regime starting. Also on 12 February 2026, the Minister of State for Housing and Planning, Matthew Pennycook MP, issued a written ministerial statement on Sub‑ Regional Strategic Planning. The statement explained that ‘the...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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