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02.07.2025

Irwin Mitchell’s Planning & Environment Blog

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 June. We hope you find them insightful and useful in your work.

Explore the highlights below:

MHCLG to re-vamp written planning appeals process by end of the year

By Nicola Gooch

Published 25 Jun 2025

MHCLG announced plans to make some pretty significant changes to the written representations appeals procedure. The government wants to expand the written reps appeal procedure in order to cover not only householder and minor commercial applications, but also refusals of planning permission, imposition of conditions and refusals of prior notification/approval. Importantly, the expedited appeals will be decided on the information submitted as part of the planning application, so no new evidence can be submitted. The goal? Quicker decisions and fewer delays. This will put pressure on applicants to get everything right the first time. While this streamlined approach will become the norm, inspectors can still call for a hearing if needed. 

 

Planning Reform Bill and the environment: Key lessons from UKELA’s conference 2025

By the P&E team

Published 25 Jun 2025

At this year’s UKELA conference, the spotlight was on the panel discussing how the Planning and Infrastructure Bill could reshape environmental protections. The new Nature Restoration Levy and Environmental Delivery Plans sound promising, but the panel experts raised eyebrows over how they will work in practice. Will developers just pay to offset damage elsewhere? And who’s keeping it all in check? There’s excitement about the potential, but also real concern about transparency, funding, and whether the environment might take a back seat to development. Despite the opposing opinions, all parties agreed that there is lack of clarity as much of the operational detail is being left to secondary legislation. We invite you to have a look at our summary of this panel discussion.

 

The Environment (Principles, Governance and Biodiversity Targets (Wales) Bill

By Hannah Shaw

Published 25 Jun 2025

Wales is taking bold steps to improve their protections on nature with a new Environment Bill. It’s built around three pillars: strong environmental principles, a new watchdog to hold the government accountable, and legally binding biodiversity targets. The bill aims to stop species decline by 2030 and make sure ministers walk the talk on green policy. The new Office for Environmental Governance will sit above Natural Resources Wales and will provide strategic oversight of environmental law compliance by public authorities in Wales. It’s a big move, so we look forward with interest to observing how the legislative process for the Bill progresses.

 

The Spending Review: Implications for Planning

By Nicola Gooch

Published 11 Jun 2025

The latest Spending Review paints a mixed picture for planning. On the bright side, there is serious investment in housing and transport, which means billions for affordable homes, rail upgrades and energy projects. But when it comes to day-to-day budgets for planning departments and environmental regulators, things are tight. The government wants big reforms, but it’s not clear if the funding matches the ambition. DEFRA, in particular, faces cuts just as its responsibilities are growing. Everyone’s now watching for the upcoming 10-Year Infrastructure Strategy and Industrial Strategy to see how the money will actually flow.

 

(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.

 

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