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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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In this issue: Planning policy Green belts Nationally significant infrastructure projects Daily and weekly news alerts New and updated content Related Documents Planning policy The Ministry of Housing, Communities and Local Government ( MHCLG) has released its reply to the July 2023 consultation on delivering plan-making reforms under the Levelling-up and Regeneration Act 2023 ( LURA 2023). MHCLG states it will advance with many original proposals and stays focused on cutting the time to prepare a local plan—from an average seven years to a 30‑month schedule—while also securing universal plan coverage. Analysis to follow. See: LNB News 27/02/2025 50. MHCLG has also launched a consolidated page, ‘ Create or update a local plan’, offering materials for local planning authorities ( LPAs) preparing local plans. These tools reflect the prevailing planning policy and legal framework and signpost relevant parts of...
In this issue: Planning enforcement Planning conditions, obligations and the community infrastructure levy Heritage and natural environment Obtaining, implementing and amending planning permission Planning issues in energy projects Daily and weekly news alerts New and updated content Related Documents Planning enforcement Court holds a breach of planning control need not be ‘live’ at the point an enforcement notice is issued ( Paton and Paton v So SLUHC) In Paton and Paton v So SLUHC, the court concluded that the inspector had correctly applied section 174(2)(b) of the Town and Country Planning Act 1990 ( TCPA 1990) in determining an appeal against an enforcement notice ( EN). The inspector explained that, to succeed under ground (b), an appellant must establish that the alleged breach of planning control did not occur within an enforceable timeframe. The appellants contended that a ground (b) appeal should be upheld where, on the date the EN was issued, the alleged breach was no...
In this issue Flood risk and development Housing Appropriate assessment and the Habitats and Birds Directives Planning applications and decisions National and local planning policy Heritage and the natural environment Daily and weekly news alerts New and updated content Updated Practice Notes Related Documents Flood risk and development Court upholds orthodox approach to planning guidance ( Mead Realisations v SSHCLG) In Mead Realisations Ltd v Secretary of State for Housing, Communities and Local Government [2025] EWCA Civ 32, the Court of Appeal affirmed the High Court’s reasoning. It held there is no legal separation between the online Planning Practice Guidance ( PPG) and the National Planning Policy Framework ( NPPF), and that neither instrument is subject to fixed prescriptions concerning what each must contain, or the manner in which they should be framed......
Mead Realisations Ltd v Secretary of State for Housing, Communities and Local Government and another [2025] EWCA Civ 32 What are the practical implications of this case? This judgment provides a close examination of the connection between the NPPF and the PPG—two distinct strands of national planning policy regularly relied upon by participants in both plan-making and development management. Although the court concentrated on how the NPPF and PPG interact in the particular setting of flood risk and the sequential test, its conclusions about their respective roles and their interrelationship have general effect and broader importance. The court found that they typically serve different purposes: the NPPF sets out aims and overarching principles, while the PPG clarifies these and explains how they should be applied. The PPG is prepared through a less formal process, making it more accessible and capable of adapting to changing...
In this issue: Planning issues in energy projects Planning policy Heritage and natural environment Structure of local government Housing Nationally significant infrastructure projects Daily and weekly news alerts New and updated content Latest Q& A Related Documents Planning issues in energy projects DESNZ announces reforms to nuclear power plant development planning framework The Department for Energy Security and Net Zero ( DESNZ) has set out changes to the planning regime governing the development of nuclear power stations in England and Wales. Headline measures include enabling Small Modular Reactors to be built in the UK for the first time, scrapping the cap that confined nuclear projects to eight named sites, stimulating investment and allowing developers to pinpoint the best locations for schemes. This shift will open up a broader spectrum of sites and foster earlier...
In this issue: Compulsory purchase Housing Planning issues in energy projects Planning policy Nationally significant infrastructure projects Lex Talk®Planning: a Lexis®Nexis community Daily and weekly news alerts New and updated content Related Documents Compulsory purchase The Law Commission’s consultation on reforming compulsory purchase orders seeks to modernise and clarify elements of the legal framework, promoting greater consistency and ease of use. Yet it stops short of wholesale change, so securing land could still be convoluted, expensive and slow, with limited impetus for extra regeneration schemes. See News Analysis: Implications of Law Commission’s consultation on review of compulsory purchase system, where planning barrister Martha Grekos explores the likely effects of the Commission’s proposals and whether they would truly streamline the compulsory purchase regime. Home Loss Payments ( Prescribed Amounts) ( Wales) Regulations 2025 SI 2025/101: These...
The Law Commission has issued a consultation paper within its review of existing compulsory purchase and compensation rules in England and Wales. See: LNB News 20/12/2024 29 for full details of the consultation. Any steps that render the CPO statutory framework effective, consistent and transparent (for both landowners and acquiring authorities) are warmly received, as the present laws are piecemeal and intricate, frequently creating doubt and a lack of predictability......
In this issue: Planning for nationally significant infrastructure Daily and weekly news alerts New and updated content New Q& As Related Documents Planning for nationally significant infrastructure MHCLG publishes working paper on streamlining infrastructure planning The Ministry of Housing, Communities and Local Government ( MHCLG) has issued a Planning Reform Working Paper: Streamlining Infrastructure Planning, inviting feedback on reforming the consenting regime for nationally significant infrastructure projects ( NSIPs). It highlights prospective legislative changes, chiefly to the Planning Act 2008 ( PA 2008). MHCLG has not set a formal deadline and will set out the next steps on these proposals in due course. See News Analysis: Accelerating national infrastructure—proposals to streamline NSIPs. Prime Minister announces reforms to judicial review process for NSIPs The Prime Minister, Sir Keir Starmer, has confirmed that the government will proceed with reforms to the judicial review process for...
Objectives and background The government intends to harness the Planning and Infrastructure Bill to simplify and improve the national infrastructure consenting regime, with the objective of accelerating the rollout of major economic infrastructure and boosting economic performance. In particular, it seeks to secure a ‘quicker, more predictable, and lower-cost NSIP regime’, so it can provide high-quality infrastructure and push ahead with the growth and clean power pledges in the government’s Plan for Change. The legislative measures set out in this Paper signal a move towards a more strategic, outcomes-led framework, building on reforms already advanced through the NSIP Reform Action Plan and the Levelling Up and Regeneration Act 2023, to make consenting for major infrastructure more effective and swifter. This Paper was issued alongside HM Treasury’s 10 Year Infrastructure Strategy Working Paper, which explains the government’s intention to release a full 10 year...
In this issue: Planning policy Environmental impact assessment, strategic environmental assessment and appropriate assessment Flood risk and development Nationally significant infrastructure projects Daily and weekly news alerts New and updated content New Q& As Related Documents Planning policy Court of Appeal: no duty on Welsh authorities to adopt an LDP endorsed by an inspector ( Re Jones v Wrexham County Borough Council) The Court of Appeal in Jones v Wrexham County Borough Council and others [2024] EWCA Civ 1603 confirms that, as in England, Welsh local planning authorities retain discretion whether to adopt a local development plan ( LDP) even where an inspector recommends adoption. Adoption—whether with or without modifications—remains a choice for the democratically accountable authority. However, under section 65 or 71 of the Planning and Compulsory Purchase Act 2004 ( PCPA 2004), the Welsh Minister may...
Jones v Wrexham County Borough Council and others [2024] EWCA Civ 1603 What is the legal background? Under section 38(6) of the Planning and Compulsory Purchase Act 2004 ( PCPA 2004), planning proposals are decided in line with the development plan unless other material factors suggest a different outcome. In Wales, the development plan covers the local development plan ( LDP) for the area, alongside the National Development Framework and any strategic development plan. In England, it comprises local development plan documents ( DPD) but excludes the National Planning Policy Framework. PCPA 2004, s 67 addresses how LDPs are adopted in Wales. It provides that a planning authority ‘may’ adopt an LDP if the examining inspector advises adoption, whether or not modifications are proposed. Comparable rules apply to adopting DPDs in England under PCPA 2004, s 20(7)–(7C). It was accepted before the Court of Appeal that...
In this issue: Planning applications Highways and rights of way Planning policy Building Regulations Is planning permission required Daily and weekly news alerts New and updated content Latest Q& A Related Documents Planning applications New fee regulations to introduce increased planning application fees laid The draft Town and Country Planning ( Fees for Applications, Deemed Applications, Requests and Site Visits) ( England) ( Amendment and Transitional Provision) Regulations 2025 have been presented to Parliament. These proposals raise charges for specified householder applications, prior approval submissions, and for approving details reserved by condition. They also bring in a three-band fee model for applications made under section 73 of the Town and Country Planning Act 1990 ( TCPA 1990), setting distinct fees for householder, non‑major (other than householder) and major schemes. The measures are scheduled to take effect on 1 April 2025 and...
Mc Leish and another v The Secretary of State for Environment Food and Rural Affairs and another [2024] EWCA Civ 1562 What are the practical implications of this case? This judgment carries real practical weight by clarifying that the ‘conclusive evidence’ rule in WCA 1981, s 56(1) and the evidential presumption against altering a definitive map or statement function at distinct stages and stem from different legal bases. It underlines that these are separate concepts: one concerns conclusive status at a given time, while the other addresses the burden when contemplating change. The judgment also makes plain that a decision‑maker would adopt a flawed approach if they attempted to rely on WCA 1981, s 56(1) in the context of an application to modify the definitive map or statement. In such proceedings, invoking s 56(1) is misconceived and leads to error in the...
In this issue: Key planning and case law developments Compulsory purchase Planning policy Biodiversity Marine planning Highways, streets and public rights of way Nationally significant infrastructure projects Daily and weekly news alerts New and updated content Related Documents Key planning and case law developments Key planning developments and case law in 2024 and what to expect in 2025 For an overview of 2024’s principal planning developments and what to anticipate in 2025, see News Analysis: Key planning law developments—end of year review 2024 and what to expect in 2025. For a digest of the leading 2024 cases shaping planning law and practice, see News Analysis: 2024 key cases round up for planning lawyers. Compulsory purchase Consultations on further compulsory purchase reforms On 19 December 2024, MHCLG issued a consultation on compulsory purchase reforms, inviting views on a range of...
Planning policy Revised National Planning Policy Framework published This review considers the principal planning developments from 2024. For a summary of the key planning cases in 2024, see: 2024 key cases round up for planning lawyers. On 12 December 2024, the government issued a refreshed National Planning Policy Framework ( NPPF), alongside its response to the July 2024 consultation on proposed NPPF changes. In an accompanying written ministerial statement, Matthew Pennycook, Minister of State for Housing and Planning, said the national policy updates are needed to free up land to deliver 1.5 million homes and the scale of infrastructure required to support growth. The release of the revised NPPF follows an eight-week consultation conducted from July to September 2024 on suggested revisions. Key measures adopted include overturning the December 2023 amendments made by the previous government, which had treated the standard method’s outcome as an...
This News Analysis provides a review of the standout cases from 2024 for planning lawyers. For a round-up of the major developments shaping planning law and practice during 2024, together with a forward glance at what is anticipated in 2025, see Key planning law developments—end of year review 2024 and what to expect in 2025. Environmental impact assessment Assessment of likely downstream effects In Finch v Surrey CC, the Supreme Court, by a 3:2 majority, held that the permission to retain and expand an established onshore oil well site, and to drill four additional hydrocarbon wells so that output could be taken from six wells in total, was unlawful because it failed to assess the ‘downstream’ GHG emissions that will inevitably arise when the refined fuel is burnt. That omission to consider downstream, or ‘ Scope 3’, emissions was found to contravene the Town and...
The Consultation advances the reforms to the compulsory purchase order ( CPO) regime and compensation framework brought in by the Levelling-up and Regeneration Act 2023 ( LURA 2023), to honour the Labour government’s manifesto promise to amend compulsory purchase compensation rules ‘to improve land assembly, speed up site delivery, and deliver housing, infrastructure, amenity, and transport benefits in the public interest’, see News Analysis: What the planning industry can expect from the new Labour government. Its intention is that, for defined types of development schemes, landowners receive what the government regards as ‘fair’ compensation, rather than amounts it considers inflated by the prospect of planning permission. Additional proposals aim to accelerate the process and cut the administrative load and expense of implementing CPOs... Changes to the power to limit hope value The first strand of the Consultation builds on LURA 2023, s 190, which amends the...
R (on the application of Save Stonehenge World Heritage Site Ltd) v Secretary of State for Transport and Others [2024] EWCA Civ 1227 What are the practical implications of this case? The court’s principal focus was determining when, on a re-determination of a DCO, fairness calls for a further examination or a re-opening of the earlier examination. It held that the decisive enquiry is whether, considering the facts, the nature of the issues raised, and the statutory framework governing the decision-making process, extra procedural steps are required to secure fairness in the particular circumstances. Here, nothing justified appointing an independent expert to test the matters in dispute and report to the Secretary of State; accordingly, the re-determination was conducted in a manner that was procedurally proper and fair. The court also assessed the legal adequacy of ministerial briefings on which the Secretary of State relied when...
In this issue: Planning policy Planning for nationally significant infrastructure Planning statutory review Environmental assessments Planning applications and decisions Heritage and natural environment Housing Daily and weekly news alerts New and updated content Latest Q& A Related Documents Planning Highlights 2024/2025 Planning policy Revised National Planning Policy Framework published The government has released an updated National Planning Policy Framework ( NPPF). Significant shifts from the December 2023 edition affect green belt policy and the approach to identifying housing need and demonstrating housing land supply. Policy backing for infrastructure and community services is also strengthened, alongside other adjustments. A companion consultation response, issued the same day, outlines the government’s pledges for broader reform of the planning system, including amendments to the Planning Act 2008 ( PA 2008) regime for nationally significant...
Development and Nature Recovery On 15 December 2024, the Ministry of Housing, Communities and Local Government and the Department for Environment, Food & Rural Affairs issued a Planning Reform Working Paper titled ‘ Development and Nature Recovery’. It seeks feedback on a new approach that channels development funding into environmental improvements, shifting more of the responsibility for delivering these outcomes from developers to the state. The goal is to unblock and speed up development while securing better environmental results. The measures form part of wider proposals for the forthcoming Planning and Infrastructure Bill, anticipated in early 2025, which is intended to play a key role in driving economic growth and unlocking a new scale of housing and infrastructure delivery. A press release published alongside the paper stated that common-sense adjustments to environmental rules will support the Government’s commitment to build 1.5 million homes and move forward...
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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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