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 last month. We hope you find them insightful and useful in your work.
Explore the highlights below:
By Anna Tranter
Published 02 Sep 2025
A recent Planning Court decision in Singhal UK Ltd v Secretary of State [2025] has sent a clear message: removing permitted development rights without giving parties a chance to respond is procedurally unfair. The case involved an appeal against enforcement action in Hounslow, where the Planning Inspector imposed a condition restricting future development despite previously agreeing he lacked the power to do so. The Court ruled this surprise move deprived the claimant of a fair hearing. The judgment highlights the importance of transparency and consultation in planning decisions. It also flags the need to clearly define the use of each space in applications to avoid unintended restrictions.
Legal challenge to Luton Airport expansion: A terminal decision ahead?
By Stefano DAmbrosio Nunez and Hannah Shaw
Published 12 Aug 2025
LADACAN has secured High Court permission to challenge the government’s approval of London Luton Airport’s expansion. The judicial review centres on six legal grounds, including the exclusion of inbound flight emissions and non-CO₂ climate impacts from the environmental impact assessment, which is deemed contrary to the Finch precedent. The challenge also questions reliance on the “Jet Zero Strategy”, which LADACAN argues is speculative and legally flawed. The outcome could have implications not just for London Luton Airport’s future, but also for how similar developments are assessed going forward.
UK ETS to include waste incineration: Government outlines its interim response
By Hannah Shaw
Published 01 Aug 2025
The UK Emissions Trading Scheme is set to broaden its scope, as outlined in the government’s latest consultation response. Starting in 2028, facilities involved in waste incineration and energy-from-waste will be brought into the carbon trading framework. A voluntary monitoring phase will begin in 2026, allowing operators time to prepare. However, with compliance costs projected at £8.5 million and local councils expected to shoulder much of the burden, concerns are growing. Critics warn that the voluntary nature of the trial may result in inconsistent data. Nonetheless, the expansion marks a positive step towards aligning the waste sector with the UK’s net-zero ambitions.
