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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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Waste planning policy—overview

What is waste?


Any material or item can amount to waste in practice. Working out whether a material or item is waste is quite intricate and carries both major legal and financial implications for whoever holds it. See Practice Note: Meaning of waste-what is waste? The core definition appears in Article 3(1) of Directive 2008/98/EC, the Archived Waste Framework, as it applied immediately before 11 pm on 31 December 2020. Waste is ‘any substance or object which the holder discards or intends or is required to discard’. Practice Note: Meaning of waste-what is waste? sets out relevant case law on construing the definition of waste, key guidance and a checklist to assess whether something counts as waste.

Waste planning authorities


Waste planning authorities (WPAs) are the bodies tasked with land-use planning control for waste management. WPAs are most commonly county councils or, where these have been replaced, unitary authorities, including National Park Authorities. WPAs must prepare Waste Development Frameworks (WDFs), a suite of local policy documents that identify where and what kinds of waste management facilities are appropriate, and the relevant criteria on which to base planning decisions. They are also responsible for development control matters such as determining planning...

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