Featured documents
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 Sole traders, informal partnerships and outdated partnership deeds are common.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
Most recent News
In this issue Planning policy Biodiversity Building regulations Development consent orders Daily and weekly news alerts New and updated content Latest Q& As Related Documents Planning policy DLUHC launches plans to prioritise brownfield development In a press statement dated 13 February 2024, the Department for Levelling Up, Housing and Communities announced a set of planning reforms aimed at increasing housebuilding, especially on brownfield sites, whilst protecting the green belt. This includes a consultation on proposed amendments to the National Planning Policy Framework ( NPPF) to: encourage local planning authorities ( LPAs) to place ‘significant weight’ on delivering the maximum number of homes and to adopt a flexible stance on policies or guidance for the internal layout of schemes, particularly on brownfield land; apply the presumption in favour of sustainable development to previously developed land in the 20 towns and cities subject to the urban uplift where their Housing Delivery Test score is 95% or...
In this issue: Obtaining, amending and implementing planning permission Housing Heritage and natural environment Buildings and Building Regulations Planning policy Planning applications and decisions Daily and weekly news alerts New and updated content Related Documents Obtaining, amending and implementing planning permission Consideration of amended schemes at planning appeals ( Bramley Solar Farm Residents Group v SSLUHC) The High Court’s ruling in Bramley Solar Farm Residents Group v SSLUHC is pertinent to practitioners handling updated proposals at planning appeal. It sets out what inspectors must assess in relation to the modified scheme and the consequences for applicants concerning consultation on the changes. The judgment also offers practical guidance on the approach to valued landscapes under the National Planning Policy Framework ( NPPF), and on whether inspectors should examine potential alternative sites. For detailed commentary, see the News...
R (on the application of Fiske) v Test Valley Borough Council [2023] EWCA Civ 1495 What are the practical implications of this case? Overlapping planning permissions made the news after the Supreme Court’s decision in Hillside Parks [2022] UKSC 30, [2022] 1 WLR 5077 in late 2022, which prompted the sector across the industry as a whole to reassess how overlapping consents can continue to be implemented lawfully in practice. This Court of Appeal ruling addresses the stage before implementation, at issue: namely, whether an LPA may lawfully issue a permission that conflicts with an existing consent. It concludes that the answer is yes, with the court stressing that responsibility lies with the developer to assess any inconsistencies between consents and to decide how best to resolve them so as to avoid a breach of planning control. That message underscores the need to think...
Bramley Solar Farm Residents Group v Secretary of State for Levelling up Housing and Communities and others [2023] EWHC 2842 ( Admin) What are the practical implications of this case? The judgment offers a timely reminder of the core factors inspectors should weigh when an amended scheme is advanced on appeal. It confirms that inspectors enjoy discretion over whether to entertain a revised proposal at inquiry, and demonstrates that claimants face a steep hurdle to prove an inspector acted irrationally in addressing a revision. The case prompted updated government guidance on planning appeals in England, clarifying what matters are relevant when a scheme is altered after an appeal has been lodged. That guidance now expressly cites Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 ( Admin). That judgment sharpened the ‘ Wheatcroft principles’ derived from Bernard...
In this issue: Planning applications and decisions Amending planning permission Building regulations Lex Talk®Planning: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q& A Related Documents Planning applications and decisions Further parts of the Levelling-up and Regeneration Act 2023 come into force On 30 January 2024, the Levelling-up and Regeneration Act 2023 ( Commencement No 2 and Transitional Provisions) Regulations 2024, SI 2024/92, were made. This instrument is the second set of commencement regulations made under the Levelling-up and Regeneration Act 2023 ( LURA 2023). It commences additional provisions of LURA 2023, including: with effect from 31 January 2024: section 123 of LURA 2023, which revises the Self-build and Custom Housebuilding Act 2015 so that only sites expressly and specifically permitted for use as self-build and custom...
R (on the application of Dennis) v Southwark London Borough Council [2024] EWHC 57 ( Admin) What are the practical implications of this case? This ruling carries significant ramifications for both ongoing and forthcoming development proposals where ‘drop‑in permissions’ have been, or are intended to be, employed. The court indicated that phasing provisions, including a phasing plan, may not suffice to prove severability for the purpose of accommodating a drop‑in, even within a substantial outline consent. In the wake of the decision, TCPA 1990, 96A does not seem to be an avenue available to planners to establish severability, unless the project is plainly severable already (in which event, one might query what would be the purpose......
In this issue: Biodiversity net gain Nationally significant infrastructure projects Environmental impact assessment, strategic environmental assessment and appropriate assessment Buildings and Building Regulations Housing High Speed 2 Daily and weekly news alerts New and updated content Related Documents Biodiversity net gain Biodiversity net gain regulations published On 18, 19 and 22 January 2024, the following statutory instruments were made, taking effect on 12 February 2024 to align with the commencement of biodiversity net gain ( BNG): The Biodiversity Gain ( Town and Country Planning) ( Consequential Amendments) Regulations 2024, SI 2024/49—these specify: how to identify the local planning authority ( LPA) responsible for approving a biodiversity gain plan; when a previous biodiversity gain plan must be treated as approved where permission involves onsite irreplaceable habitat; and the arrangements for appeals concerning...
In this issue: Biodiversity Planning for nationally significant infrastructure Building regulations Planning appeals Daily and weekly news alerts New and updated content Latest Q& A Related Documents Biodiversity Biodiversity net gain requirements come into force from 12 February 2024 The Environment Act 2021 ( Commencement No. 8 and Transitional Provisions) Regulations 2024, SI 2024/44 were made on 17 January 2024, activating the biodiversity net gain provisions of the Environment Act 2021 from 12 February 2024. As a result, planning permissions in England (subject to specified exceptions) granted on applications lodged under the Town and Country Planning Act 1990 on or after 12 February 2024 will carry a condition requiring the biodiversity value delivered by the scheme to exceed the site’s pre-development biodiversity value by a minimum of 10%. The statutory biodiversity net gain duty was...
The case for reform Major infrastructure delivery has occupied significant government attention in recent years, with a range of action plans, strategies, policies, roadmaps and consultations diagnosing obstacles to delivery and setting out ways to overcome them. The government’s most recent infrastructure policy, published in November 2023, ‘ Getting Great Britain building again: Speeding up infrastructure delivery’, makes the case for additional planning reforms, accompanied by some new announcements. A recurring thread of earlier infrastructure policy, and a long-standing critique of the planning system, is that planning is too slow, too bureaucratic and too uncertain. Previous policy has presented various actions and proposals intended to address these concerns. This latest policy paper echoes those themes, but contends that further reform is required at every step of the planning process to deliver the government’s infrastructure objectives—both in the short term, to progress already...
In this issue: Planning policy Buildings and Building Regulations Daily and weekly news alerts New and updated content Related Documents Planning policy Updated National Planning Policy Framework published On 19 December 2023, the government issued its long-awaited reply to the consultation on national planning policy reform, alongside the refreshed National Planning Policy Framework ( NPPF). Toni Weston, a partner at Gowling WLG, offers observations on the revisions. She finds it challenging to see how the NPPF alterations will genuinely progress the consultation’s stated ambition to back the government’s objectives of making the planning system work better for communities, delivering additional homes through sustainable development, nurturing pride in place and, more broadly, supporting levelling up......
On 19 December 2023, the government issued its long‑awaited reply to the consultation on national planning policy reform alongside the updated NPPF, confirming that the changes answer concerns raised by locally elected members about weaknesses in the planning system. The update offers firmer Green Belt protections, clearer guidance on assessing future housing supply in plans, certainty that urban authorities must play their full role in meeting housing need, and safeguards for the character of valued neighbourhoods by preserving the gentle density of suburbs and ensuring family homes remain for the next generation. Taken with other provisions in the Levelling Up and Regeneration Act, the revisions cement the importance of beauty in new development, enable better infrastructure delivery, respect the democratic voice of local communities, secure improvements to the natural environment and create quality new...
Why have the energy National Policy Statements been subject to consultation? The existing collection of energy NPS was designated in 2011. The government signalled a review of these NPS in the Energy White Paper: Powering our net zero future, published in December 2020. Under section 7(2) of the Planning Act 2008, the Secretary of State is legally obliged to undertake whatever consultation they deem ‘appropriate’ when reviewing NPSs. Initial drafts of the revised energy NPSs were first consulted on in September 2021. Substantial amendments to those drafts prompted an additional consultation in March 2023. The definitive versions of the updated energy NPSs were presented to parliament on 22 November 2023. They are anticipated to be designated in early 2024. What are the main areas where it was felt updates were needed? The present energy NPSs have not kept pace with advances in low-carbon...
NRS Saredon Aggregates Ltd v Secretary of State for Levelling Up, Housing and Communities and another [2023] EWHC 2795 ( Admin) What are the practical implications of this case? Fundamentally, the judgment reiterates what is evident from EA 2021, s 98 and Sch 14: there is currently no statutory duty for planning proposals to prove delivery of a 10% biodiversity net gain, and once that duty is activated it will relate only to new submissions. Although the National Planning Policy Framework seeks a positive biodiversity net gain, this is (a) a policy matter rather than a legal requirement, and (b) contains no percentage target, so any improvement qualifies as positive and should be given appropriate weight accordingly. The ruling is also a timely reminder that the biodiversity net gain obligation is not retrospective, particularly as it is scheduled to take effect in January 2024. In...
R (on the application of Tottenham Hotspur Ltd) v Haringey London Borough Council [2023] EWHC 2569 ( Admin) (18 October 2023) What are the practical implications of this case? This judgment provides a clear appraisal of the duties imposed on local planning authorities ( LPAs) when determining planning applications, emphasising the breadth and exactness expected of the analysis and conclusions set out in an officer’s report. It explains how an LPA must enable planning committee members to exercise their judgements on a proposal and examines when members might be misled regarding material considerations relevant to the decision. Mr Justice Saini confirmed that the proper test for challenges to an LPA’s decision arising from alleged flaws in an officer’s report is whether, but for the defective advice within that report, the committee’s decision would, or might, have been different. The judgment also explores the lawful...
What is embodied carbon and why is it important? There is no single, settled definition of ‘embodied carbon’ in planning legislation or policy. In general, it refers to the greenhouse gas emissions tied to constructing a building—and, depending on the assessment’s scope, dismantling it at end of life—as opposed to the ‘operational carbon’ arising from the building’s use. Together, embodied and operational carbon contribute to a building’s whole‑life carbon emissions. Although progress is still required, the real estate industry has made notable advances in cutting operational carbon, from energy‑efficient lighting to on‑site solar PV, which means embodied carbon is becoming relatively more significant. While embodied carbon has not historically received the same attention as operational carbon, there is now broad recognition that it must be rigorously measured and assessed if the built environment is to support the government’s legally binding objective of reaching net zero by...
Identified issues with the NSIP process The Action Plan observes that, although the current consenting route for Nationally Significant Infrastructure Projects ( NSIPs) under the Planning Act 2008 ( PA 2008) has served the UK effectively, the demands and challenges it must meet are evolving. The volume and sophistication of schemes is rising, and cumulative impacts—especially within offshore wind and the electricity networks sector—call for new remedies. There has been growth in the average time taken to decide whether to award development consent, growth in the quantity of documentation produced throughout the process, and growth in the tally of projects exposed to legal challenge. Proposed actions Against that backdrop, the government aims for the NSIP consenting system to deliver sound decisions, accelerate application handling, secure better environmental outcomes, treat communities more fairly, and be stronger in terms of resourcing. To achieve this, the Action Plan...
R (on the application of Edward Blacker) v Chelmsford City Council [2023] EWCA Civ 25 What are the practical implications of this case? The judgment sets out no fresh propositions; instead, it reiterates settled points relevant to a local planning authority’s handling of a planning application: An application decision only takes effect once it has been communicated to the applicant, not when the Planning Committee merely resolves to grant or refuse. Up to the point of formal notification, the Committee may alter its view at any stage, even where there has been no material change in circumstances. An earlier grant or refusal for the same site can amount to a material consideration on a later application, underscoring the need for consistency in similar cases. That consistency principle is not engaged, however, where no substantive earlier decision existed—as here, where a majority vote at an initial...
What are the practical implications of this case? This judgment carries practical consequences for all appellants engaging with the Planning Inspectorate. In particular, appeals that APOs commonly handle through the written representations’ procedure—namely householder and advertising appeals—are likely to be impacted and/or adjusted to align with the High Court’s observations on the limited role they ought to play. In addition, the ruling is expected to have broader effects on the Planning Inspectorate’s implementation of the Rosewell Review... What was the background? The claimant sought express consent for an advertisement in Shoreditch, London, which the local planning authority, the London Borough of Hackney, refused. The claimant then appealed to the Planning Inspectorate. During the appeal, they were informed that the matter would be determined via the written representations’ procedure and that a site visit would be undertaken by an inspector or his/her...
Dee and another v Secretary of State for Levelling Up, Housing and Communities and another [2022] EWHC 2166 ( Admin) What are the practical implications of this case? This ruling underlines that proving an error of law was immaterial, and that the same outcome would have followed absent the mistake, is a significant hurdle. Although the Simplex defence is driven by the facts and turns on the language of the decision when read in the round, the requirement to establish that the result ‘would have’ been the same renders it an onerous task for any defendant. The judgment also illustrates that the challenge intensifies where the legal error is a failure by the decision-maker to have regard to a matter in exercising planning judgement, because the court will be reluctant to speculate on how consideration of a particular factor might have influenced that planning...
Thurrock Council v Stokes [2022] EWHC 1998 ( QB) What are the practical implications of this case? At paras [369]–[410], Nicklin J delivers a thorough survey of the authorities on injunctions under TCPA 1990, s 187B, providing a useful point of reference for practitioners. The judgment also explains the court’s methodology when considering such relief. Section 187B(2) empowers the court to grant whatever injunction it considers appropriate to restrain breaches of planning control. At [415], Nicklin J stressed that no injunction should be made against an individual unless the evidence justifies it and the court is satisfied the order is both necessary and proportionate. Although this may seem self-evident, a court will not make a wide, restrictive order without proof that it is required and balanced. In this case, Thurrock failed to establish either requirement. At [424], Nicklin J remarked that the best route to a...
Popular documents
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 ]...
Discover more from LexisNexis
