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Planning law update for England and Wales: key cases, enforcement, heritage guidance and NSIP developments (7 August 2025)

Published on: 07 August 2025

Published by a LexisNexis Planning expert
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In this issue:

  • Heritage and natural environment
  • Planning enforcement
  • Planning applications and decisions
  • Nationally significant infrastructure projects
  • Daily and weekly news alerts
  • New and updated content
  • Related Documents

Heritage and natural environment

Court of Appeal clarifies separation of planning and forestry regimes under the Forestry Act (R (on the application of Smar Holdings Ltd) v Secretary of State for Environment, Food and Rural Affairs)

The Court of Appeal in R (on the application of Smar Holdings Ltd) v Secretary of State for Environment, Food and Rural Affairs [2025] EWCA Civ 1041 upheld the Secretary of State’s challenge, reversing the High Court’s judgment that had favoured Smar. It also examined whether planning considerations were really relevant. The central question was whether planning factors—most notably the public interest in delivering new housing—bear on the Forestry Act 1967 regime, in particular appeals against restocking notices under section 17A. The Court concluded that, save where the FoA 1967 expressly provides otherwise, planning matters are beside the point for felling control, which is directed exclusively to forestry aims. It also held that the respondent’s suggested change to a restocking notice was not irrational, and it rejected the contentions advanced under grounds 2 and 3 that...

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