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United Kingdom
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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......
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...
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......
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...
Appropriation of land for planning purposes
Where a local authority acquires land for a statutory purpose, it must keep and hold it for that very purpose. The land cannot be used for another end unless a statute permits it, and any alteration of purpose may only occur through the statutory mechanism of appropriation. In this context, appropriating land to planning purposes is simply the formal act of changing the basis on which the land is held, so it is thereafter held for a planning purpose. Appropriation can also be a prerequisite to exercising the power to override easements under section 203 of the Housing and Planning Act 2016 (HPA 2016).
Statutory background to the appropriation of land
Local authorities hold land for specific statutory functions, for example, housing, environment, leisure, or education. Where an authority seeks to alter the purpose for which land is held, it must move it from one statutory allocation to another via the statutory process known as appropriation. For instance, an authority might appropriate a disused allotment for housing purposes. The principal planning powers enabling appropriation from one statutory purpose to another are set out in:
- section 122 of the Local Government Act 1972 (LGA 1972)...
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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 ...
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