Planning & Environment Blog - August 2025
Welcome to 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 edition, we are highlighting the articles we have published over July. We hope you find them insightful and useful in your work.
Explore the highlights below:
UK ETS to include waste incineration: Government outlines its interim response
By Hannah Shaw
Published 01 Aug 2025
The UK Emissions Trading Scheme is expanding according to the latest government consultation response. From 2028, waste incineration and energy-from-waste facilities will be included in the carbon trading scheme. A voluntary monitoring phase kicks off in 2026, giving operators a chance to prepare. But with estimated compliance costs of £8.5 million and local authorities likely to bear the brunt, concerns are mounting. Critics argue the voluntary nature of the trial could lead to patchy data. Still, the move is step forward to aligning the waste sector with the UK’s net-zero goals.
Court of Appeal clarifies powers of local planning authorities on Energy Efficiency Standards
By Stefano DAmbrosio Nunez
Published 31 Jul 2025
In a landmark ruling, the Court of Appeal has confirmed that local councils can set energy efficiency standards that are higher than national regulations, as long as they are evidence-based and justified. The case, R (Rights: Community: Action Ltd) v Secretary of State, also found that ministers must consider environmental principles from the outset of policymaking, as retrospective assessments were deemed not sufficient to comply with the requirements of Section 19 of the Environment Act 2021. This decision not only reinforces LPAs’ autonomy in climate policy but also sets a precedent for future environmental legal challenges.
English Devolution and Community Empowerment Bill enters Parliament
By Nicola Gooch
Published 10 Jul 2025
The new English Devolution and Community Empowerment Bill is making waves in Parliament. It proposes a radical shift in how planning decisions are made, giving new “Strategic Authorities” the power to shape local development. These authorities will be responsible for spatial development strategies and land acquisition for housing and regeneration. The Bill also introduces a “community right to buy” and bans upwards-only rent reviews in commercial leases. This Bill aims to decentralise power, enhance local planning autonomy, and stimulate economic development, though its complexity and scope suggest it will undergo significant scrutiny and potential amendment in Parliament.
You're going to need a bigger SDO: Consultation opens on Universal Theme Park Application
By Nicola Gooch
Published 4 Jul 2025
Universal Studios is planning a blockbuster move, literally. A new theme park is on the cards for Bedford, and the developers are using a Special Development Order to fast-track approval, which bypasses traditional local planning routes. This rare planning route, typically reserved for national emergencies or defence, allows the Secretary of State to bypass local planning authorities. The rationale includes the need for national coordination, a tight project timeline aiming for a 2031 opening, and the ability to consolidate multiple consents (e.g., transport infrastructure) into one. The public consultation runs until 31 August 2025. This bold planning strategy marks a novel use of SDOs for commercial leisure development and might set a precedent if successful.
