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 during November. We hope you find them insightful and useful in your work.
Explore the highlights below:
High Court ruling provides clarity on Self-Build Relief in relation to application of CIL
By Sadiah Geloo
Published 27 November 2025
In R (on the application of Mr Stephen Luck) v Bracknell Forest Borough Council [2025] EWHC 2984 (Admin), the High Court confirmed that Self-Build Relief under the Community Infrastructure Levy can be lost before the clawback period begins if a disqualifying event occurs prior to completion, even where completion is unlikely. Therefore, self-builders should take precautionary steps where a disqualifying event such as a site sale is intended. Additionally, the ruling verified councils lack unfettered discretion to waive CIL liability, relief is strictly prescribed by the Community Infrastructure Levy Regulations 2010.
COP30: Reflections on the first “Implementation” COP
By Chyna Fairclough-Jones
Published 26 November 2025
COP30, held in Belém, was marked as the first ‘implementation’ COP, focusing on translating climate commitments into actionable outcomes. The Belém Package included the Mutirão Decision, a global pledge to work collaboratively to limit warming to 1.5 °C and to triple adaptation finance by 2035 and to formalise annual climate-and-trade dialogue. The Belém Action Mechanism sets out that it supports a just transition through technical and community-led planning. The Tropical Forests Forever Facility introduced hybrid financing for forest conservation (though only $5.5 billion of $1.285 trillion pledged). The Baku Adaptation Roadmap (2026–28) and 59 voluntary indicators for resilience were also adopted.
By Keith Davidson
Published 24 November 2025
The landmark judgment handed down in Municipio de Mariana v BHP Group marks a potential watershed moment for international corporate accountability and parent company liability for environmental failures by subsidiaries. The UK High Court held that the BHP parent company headquartered in the UK and Australia was liable for the Fundão Dam collapse in 2015, despite the disaster occurring in Brazil and being operated by a joint venture rather that BHP directly. Boards must now recognise that accountability extends beyond direct operations. Parent companies need to anticipate and mitigate risks in subsidiaries and joint ventures, particularly where strategic influence and profit-sharing exist. The EU Corporate Sustainability Due Diligence Directive will impose mandatory human rights and environmental due diligence across global value chains and requires a climate transition plan. Non-compliance risks include civil liability and fines of up to 5% of global turnover. When seen in the context of the Mariana judgment, failure to carry out environmental due diligence for subsidiaries and to implement an environmental risk management system across global operations could result in substantial fines, litigation and reputation damage.
See also: A Closer Look at Corporate Accountability in Environmental Disasters
By Katie Byrne
Published 20 November 2025
Further Planning Reform announced: consultation on the statutory consultee system open
By Anna Tranter
Published 21 November 2025
The government has unveiled a second phase of planning reforms aimed at speeding up housing delivery, including a consultation on streamlining the statutory consultee system. The proposals include the removal of statutory consultee status from certain bodies, the reduction of blanket referrals to statutory consultees from local planning authorities, new measures to support funding and resourcing of statutory consultees through a planning fee surcharge and the introduction of performance metrics to address the performance of the largest national statutory consultees. Responses to the consultation are due by 13 January 2026. Further planning reform is expected in the revised NPPF due to be published before the end of the year.
By Chyna Fairclough-Jones
Published 17 November 2025
The Court of Appeal’s decision in Haytop Country Park Ltd v Amber Valley Borough Council [2025] clarified the relationship between caravan site licensing under the Caravan Sites Act 1960 and planning controls under the Town and Country Planning Act 1990. The decision confirmed that licensing authorities must resolve all major planning issues, including enforcement notices, before granting a site licence to ensure that the licence aligns with the site’s planning baseline. It also reaffirmed that licensing decisions must respect planning constraints and rejected the idea that enforcement notices could be circumvented through licence-permitted development rights.
Planning Permissions at Risk for Developers: Lessons from Greenfields and Chidswell
By Rebecca Huston
Published 7 November 2025
Recent judgments in Greenfields v Isle of Wight Council and Chidswell Action Group v Kirklees Council serve as a clear warning to developers: planning permissions can be vulnerable if procedural requirements are overlooked. Both cases emphasise that draft Section 106 agreements must be published prior to the grant of permission. Failure to comply with this transparency obligation exposes permissions to judicial review and potential quashing, with significant cost and delay implications. Developers should therefore implement robust compliance checks, maintain close engagement with local authorities, and ensure publication timelines are monitored to safeguard against avoidable legal challenges.
