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 January. We hope you find them insightful and useful in your work.
Explore the highlights below:
A bottleneck breakthrough? Government publishes new S106 Roadmap
By Chyna Fairclough-Jones
Published 30 January 2026
The Government’s new S106 Roadmap aims to unblock stalled affordable housing delivery by simplifying Section 106 processes and introducing clearer, consistent standards. Emergency measures allow LPAs to renegotiate legacy uncontracted S106 units using new guidance and the Homes England Clearing Service, with time‑limited variations to secure sales. Longer‑term reforms include clearer expectations in local plans, limited use of viability assessments, and a standardised S106 template. New guidance will set proportionate standards, encourage early RP engagement, standardise pricing, and support smaller providers. Financial measures include low‑interest loans, expanded RP capacity, and improved use of RTB receipts. Further updates are expected in Spring 2026.
By Anna Tranter
Published 30 January 2026
The consultation draft NPPF published in December 2025 proposes a major restructuring of national planning policy, including the introduction of National Decision-Making Policies intended to go towards standardising local decision making and minimising the weight given to local plans in the case of conflict. A permanent presumption in favour of suitably located development is introduced, demonstrating a shift towards a more rules-based system. Other key reforms support higher‑density housing near transport hubs, SME‑led development on medium‑sized sites, and greater flexibility in releasing Green Belt and newly defined Grey Belt land. The consultation is open until March 2026 for responses.
Planning Court confirms NRW’s lawful withdrawal of flood maintenance
By Chyna Fairclough-Jones
Published 14 January 2026
The Planning Court upheld Natural Resources Wales’ (“NRW”) decision to stop maintaining the Tan Lan Embankment, finding it lawful under the WRA 1991 and confirming that the LDA 1991 provided no power to maintain main‑river embankments. NRW had properly considered relevant factors, including Internal Drainage District implications, funding options, and national flood‑risk strategy. Human‑rights arguments failed, as landowners have no entitlement to state‑funded flood protection, and withdrawal of maintenance did not interfere with property rights. The Court also held NRW gave full, adequate reasons. The judgment underscores the wide discretion afforded to strategic flood‑risk management decisions.
By Chyna Fairclough-Jones
Published 18 December 2025
In this decision the High Court upheld Bristol City Council’s decision permitting redevelopment of the former Bristol Zoo Gardens, rejecting claims that the Council relied on outdated standards. It ruled that using Biodiversity Metric 3.0 was reasonable given Natural England’s guidance and project practicalities, despite newer metrics existing. The Court also accepted the continued use of L2013 carbon‑assessment methodology, finding no need for reassessment under L2021. On open space, it held that precise quantitative calculations were unnecessary where qualitative enhancements outweighed any marginal loss. The judgment indicates that authorities may rely on standards and methodologies that were valid when the application was submitted and balance quality against quantity in decision‑making.
