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RE:UK backs proportionality in higher-risk building work categorisation, clearer rules for mixed-use buildings, and guidance on when minor works trigger building control gateway escalation

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......

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NEWS
England planning highlights: Luton Airport DCO appeal time bar, DESNZ NSIP fees consultation, A46 DCO correction, commons registration jurisdiction, and Ramsar sites treated as European sites (28 May 2026)

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...

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NEWS
DESNZ consultation response on energy infrastructure planning fees: widespread opposition to fixed fees for DCOs and Necessary Wayleaves; preference for tiered models; implementation deferred to 2027–28

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......

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NEWS
Planning law weekly: BNG reforms (minor schemes, NSIPs, brownfield), Welsh enforcement appeal guidance, PINS digital appeals mandate, build-to-rent consent delays, Longfield Solar Farm amendment—16 April 2026

In this issue: Biodiversity Appeals Planning applications and decisions Nationally significant infrastructure Daily and weekly news alerts New and updated content Related Documents Biodiversity BNG reforms—consultation responses on smaller schemes and NSIPs and new consultation on brownfield exemption proposal Planning analysis: The government has issued responses to two biodiversity net gain (BNG) consultations: one seeks to refine delivery for minor, medium and brownfield schemes, and the other addresses BNG for nationally significant infrastructure projects (NSIPs). The responses indicate increased flexibility for smaller developments and confirm that NSIPs will be subject to mandatory BNG from 2 November 2026, alongside additional clarity on how the regime will function in practice. A further consultation has also been released on a targeted BNG exemption for residential brownfield development. See News Analysis: BNG...

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Freedom of information—overview

The freedom of information regime


In England and Wales, the freedom of information framework sits under the Freedom of Information Act 2000 (FIA 2000). It confers a broad entitlement to access information held by public bodies, and obliges those bodies to publish specified material proactively and on a routine basis. Oversight and enforcement of this framework rests with the Information Commissioner. For an initial overview of the freedom of information regime, see Practice Notes:

  • Introduction to freedom of information
  • Who is subject to the freedom of information regime

Difference between FIA 2000 and Environmental Information Regulations


FIA 2000 applies to all information in the hands of public authorities, other than environmental information. Access to environmental information is dealt with exclusively by the Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391. There are several similarities between the FIA 2000 and EIR 2004 regimes, such as response time limits, the duty to provide advice and assistance, and appeal procedures. However, the regimes also differ in a number of respects, including: the types of information covered, the public authorities subject to the duties, the exemptions/exceptions, and the requirements for the format of requests. See Practice Note...

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