Planning and Environment Legal Blog
Welcome to the first edition of our monthly blog series from the Planning & Environment team at Irwin Mitchell.
Each month, we will be bringing together the latest articles written by our team covering key developments, legal insights, and practical guidance across the planning and environmental law landscape. Whether it's new legislation, landmark cases, or upcoming policy changes, our aim is to keep you informed about what is happening in the planning and environmental world.
In this inaugural roundup, we are highlighting the articles we have published over May. We hope you find them insightful and useful in your work.
Explore the highlights below:
(Planning) Permission to Party? Planning Implications of the Battle for Brockwell Park
By Anna Tranter
Published 03 June 2025
London’s festival season has started, but not without its controversies after a High Court challenge nearly pulled the plug on a packed lineup of summer events. The Brockwell Live Events were initially permitted under a certificate of lawfulness of proposed use or development (CLOPUD) as falling within the scope of permitted development rights. The High Court challenge claimed that the duration of the events (including installation and de-installation time) exceeded the 28-day permitted development limit. The CLOPUD was quashed, however on the submission of an urgent application for a certificate of lawfulness of existing use or development with a shorter time period, the development was found to sit legally within the permitted development regime. The case highlights the complex interplay between permitted development rights and express planning permissions, raising broader questions about how temporary events are regulated.
By Claire Petricca-Riding
Published 29 May 2025
DEFRA is shaking things up with two new consultations that could reshape how Biodiversity Net Gain (BNG) applies across the board. One looks at bringing Nationally Significant Infrastructure Projects –NSIPs– into the BNG framework, while the other proposes tweaks for smaller and brownfield developments. Key proposals include expanding exemptions for low-impact projects, refining the Small Sites Metric, and improving access to off-site BNG units. The consultations also explore how to classify “medium developments” and address challenges faced by SME developers. Stakeholders are encouraged to respond before the 24 July 2025 deadline.
By Nicola Gooch
Published 28 May 2025
Big changes could be coming to how planning decisions are made. MHCLG is consulting on a national scheme of delegation that would streamline which applications go to committee and which are handled by officers. The idea? Speed things up and bring more consistency across councils. They are also proposing mandatory training for committee members and new performance thresholds. It’s all part of a wider push to modernise the planning system under the Planning & Infrastructure Bill. The consultation closes on 23 July 2025.
Consultation on LURA measures to speed up build-out rates opens
By Nicola Gooch
Published 25 May 2025
MHCLG has launched a consultation on implementing build-out rate provisions under the Levelling-Up and Regeneration Act –LURA–. The proposals include new reporting requirements for developments of 50+ dwellings, such as build-out statements detailing projected timelines, tenure mix, and delivery risks. The consultation also explores the power to decline planning applications based on slow build-out histories. These measures aim to increase transparency and accountability in housing delivery. Responses are invited by 7 July 2025.
PIB in Committee: Planning Fees, Training and the National Scheme of Delegation
By Nicola Gooch
Published 16 May 2025
The Planning & Infrastructure Bill is making its way through Parliament, and there’s plenty to unpack. From locally set planning fees and a new surcharge for statutory consultees, to mandatory training for committee members and a national scheme of delegation – there’s a lot in play. The recent committee debates revealed some strong opinions, especially around the proposed national scheme of delegation, which would standardise which applications go to committee. While most proposals are moving forward, the discussion highlights the balancing act between efficiency and local control. These reforms are positioned as critical to supporting economic growth through planning system efficiency.
Aarhus under scrutiny: but how concerned do those dealing with planning challenges need to be?
By Elizabeth Mutter
Published 15 May 2025
A recent Court of Appeal case has clarified when Aarhus cost protections apply in environmental legal challenges –and it’s not as broad as some might think–. The case involved an environmental charity challenging trade regulations, arguing they breached environmental law. The court ruled that Aarhus protections only kick in when the law being challenged is specifically about environmental protection. This narrows the scope compared to earlier rulings like Venn and could impact how future planning-related judicial reviews are approached. This judgement is a key decision for anyone involved in environmental litigation or planning disputes.
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