Planning Law

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......

Environmental law comprises the body of rules intended to protect the environment. It affects a local authority (LA) through the LA’s own compliance responsibilities and because LAs hold statutory roles for consenting, enforcement and remediation across diverse environmental law regimes. This Practice Note assists practitioners working in or with LAs by describing scenarios in which environmental law issues might arise, and by offering guidance and links to the relevant environmental law content. Waste What is the LA’s duty in relation to the collection of waste? Subject to certain limited exceptions, waste collection authorities (WCAs) in England and Wales have a statutory legal obligation to arrange for the collection of household waste and, where requested, commercial waste and industrial waste. Local authorities in England and Wales must also collect specified categories of waste, ensuring those types are collected separately as distinct streams. The...

For comprehensive commentary on the regulation, consenting and incentivisation of the net zero energy transition under the law of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers detailed treatment of topics addressed in this Practice Note. To establish any new connection—whether serving a generator, a dwelling, an office or an entire development—fresh network infrastructure must be constructed. Because network operators recover installation capital over a prolonged period (by levying suppliers for network use), a primary concern is the security of the network asset—that is, the right for it to be installed in, and remain within, the land. This typically combines statutory powers granted to licensed electricity distribution and transmission network operators with private rights, such as long leases and easements. What are street-opening powers? Section 10 and Schedule 4 of the...

On receiving a request for information, the usual starting point is to decide whether the material sought is environmental information and, in turn, whether the request should be handled under the Environmental Information Regulations 2004, SI 2004/3391 (EIR 2004) or the Freedom of Information Act 2000 (FIA 2000). For more help on this first step, see Practice Note: Environmental Information Regulations 2004—what is environmental information? This Practice Note concentrates on the next actions a public authority ought to take once a request for environmental information arrives. The role of information officers and teams in public authorities Public authorities should make sure that their employees and contractors are informed about the duties imposed by the EIR 2004, so that they recognise the importance of information requests. For additional guidance, refer to paragraph 1 of the Code of Practice on the Discharge of the...

[ State name of public authority ] [ Give public authority address, with postcode ] [ Supply the public authority’s email address, or the email of the specific employee/officer ] For the attention of: [ if you possess the name of a specific employee/officer at the public authority ]......

This Deed comprising a unilateral undertaking is hereby executed on [ insert day ] of [ insert month ] by: Parties [ insert name of developer ] of [ insert address ] (the Developer); and [ insert name of any additional parties as necessary eg owner, landlord, mortgagee, option holder etc ] of [ insert address of relevant party ] (the Owner/Landlord/Mortgagee etc) TO THE [ insert name ] COUNCIL of [ insert address of Council ] (the Council). BACKGROUND (A) The Council acts as the local planning authority for the purposes of s 106 of the 1990 Act for the area within which the Land lies. (B) [ Set out ownership particulars for the Land ]. (C) The Developer has lodged the Application with the Council and the Council has decided it will issue the Permission, conditional upon this Undertaking being completed. [ The...

DATE [ date ] Parties [ name of Authority ] of [ address ] (Authority) [ name of Licensee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Licensee) 1 Definitions In this Licence, the terms below have the following meanings: [ Approval • [ the Planning Permission and ] any [ other ] consent, licence, permission or approval (other than this Licence) required for the Licensee to undertake the Works; ] Building • the Licensee’s building [ described as [ details ] OR proposed to be constructed at [ address ] ] [ as depicted [ edged OR coloured OR hatched ] [ colour ] on the [ Plan[ s ] OR Drawing[ s ] ] ] [ and recorded at HM Land Registry under title number [ title...

Is a tree a plant or a hedge? On conventional botanical understanding, a ‘tree’ is treated as a variety of plant; nevertheless, we have not identified any case law or alternative legal authority that conclusively determines whether a tree falls within the broader definition of plant. Even so, a hedge may consist of trees (see below). In short, while science leans that way, the legal position remains unsettled at present, for now, in practice......

Stop press : The Levelling up and Regeneration Act 2023 obtained Royal Assent on 26 October 2023. This content is presently under review to ensure consistency with the Act. The Community Infrastructure Levy (CIL) originates in section 205 of the Planning Act 2008 (PA 2008) and took effect in 2010. It permits local authorities to levy a charge on new developments within their area where a new dwelling is created or additional floor space of 100sqm or more is provided. The detailed provisions are contained in the Community Infrastructure Levy Regulations 2010 (CILR 2010), SI 2010/948, made pursuant to PA 2008......

Regulation 12(6) of the Building Regulations 2010 (the 2010 Regulations), SI 2010/2214 (SI 2010/2214, reg 12(6)) Regulation 12(6) removes the need for a building notice or full plans where the works are solely those in Schedule 3 (by the corresponding registrant) or in Schedule 4. Schedule 3 includes door replacements: 10: Replacement of a window, rooflight, roof window or door in an existing dwelling—by BM Trada Certification Limited; CERTASS Limited; Certsure LLP; Fensa Limited (Fenestration Self-Assessment Scheme); NAPIT Registration Limited; Network VEKA Limited; or Stroma Certification Limited. 11: The same in a non-dwelling—excluding load-bearing or structural glass, glazed curtain walling and revolving doors—by BM Trada Certification Limited; CERTASS Limited; Certsure LLP; Fensa Limited (Fenestration Self-Assessment Scheme); or Stroma Certification Limited. Schedule 4, paragraph 1(h) covers replacing an external door where the door plus frame has not more than 50% of its internal face area...