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Planning law weekly highlights: committee speaking fairness; EIA/HRA indirect effects; s106 affordable housing exemption; EIR disclosure; Building Safety Levy; AHP bridge funding; A1 DCO revocation; new practice notes

Published on: 14 August 2025

Published by a LexisNexis Planning expert
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In this issue:

  • Planning applications and decisions
  • Environmental impact assessment, strategic environmental assessment and appropriate assessment
  • Planning conditions, obligations and CIL
  • Freedom of information and environmental information
  • Buildings and building regulations
  • Housing
  • Nationally significant infrastructure projects
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  • New and updated content
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Planning applications and decisions

Court of Appeal considers procedural fairness of restrictions for speaking at planning committees (Re Moakes v Canterbury City Council and others)

The Court of Appeal in R (on the application of Sarah Moakes) v Canterbury City Council and another [2025] EWCA Civ 927 reaffirmed that a breach of a procedural rule—whether imposed by statute or adopted by a public authority, even if couched in mandatory terms—amounts to procedural impropriety but does not, by itself, invalidate the decision. To show procedural unfairness, and thereby unlawfulness, a claimant must demonstrate material prejudice. At common law, fairness does not oblige a planning authority to allow members of the public to present oral submissions on every planning application...

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