Planning, Environment and Property Newsletter – Autumn 2026 Edition
28th October 2026
Welcome to our October 2026 edition of the Planning, Environment & Property Newsletter. It has been a busy summer for the planning world with the brand new NPPF being published on 17 August 2026.
We start off this edition with Daniel Kozelko’s article looking at the Court of Appeal’s decision in R (on the application of Barclay) and Another v Secretary of State for Transport [2026] EWCA Civ 1040, concerning Gatwick’s proposed second runway, one of the largest infrastructure projects currently consented in the UK. Barclay was also a case in which 6 members of 39 Essex Chambers represented three parties throughout the course of proceedings (Nigel Pleming KC, James Strachan KC, Rose Grogan KC, Victoria Hutton, Gethin Thomas, and Daniel Kozelko).
On top of this we have articles covering the following:
- Thomas Hill KC discusses a rare defeat for a solar farm on landscape and heritage grounds following a 4-week long inquiry in which he acted for the Rule 6 Party.
- Daniel Stedman Jones addresses R (Thomas) v Lewisham LBC [2026] EWHC 1840 (Admin) where the High Court considered planning policy applicable to purpose-built student accommodation and in which he and Thomas Hill KC acted for the interested party.
- Christopher Moss looks at two recent High Court decisions on flood risk in Faversham [2026] EWHC 1651 (Admin) and Yatton [2026] EWHC 1430 (Admin).
- Continuing on the theme of water, Nigel Mpemba Patel opines on the unsatisfactory law on compensation for sewage pollution and proposes the solution lies in a regulatory regime.
- Lastly, Ella Grodzinski covers the decision in R. (on the application of Wild Justice) v Natural England [2026] EWHC 1573 (Admin) on whether a judicial review court should make an advisory declaration, on a hypothetical question whose answer involved no material dispute, in circumstances where there was no question of unlawfulness of the public authority’s action or any proposed action.
We do hope you enjoy this edition of the PEP newsletter and have a productive Michealmas term.
Download below:
Contact Us
Elliott Hurrell
Director of Clerking
