Planning, Environment and Property Newsletter - Summer 2025 Edition
Welcome to our June 2025 edition of the Planning, Environment & Property Newsletter. We have an interesting and varied array of articles in this edition ranging from Rebecca Drake’s analysis of Patarkatsishvili v Woodward-Fisher [2025] EWHC 265 covering moths, fraudulent misrepresentation and caveat emptor, to Stephen Tromans KC taking a look at Frack Free Balcombe Residents’ Association v Secretary of State for Housing [2025] EWCA Civ 495 and the importance of identifying the decision under challenge. Richard Harwood KC has also provided an overview of the range of 39 Essex podcasts covering hot topics relevant to Planning, Environment and Property practitioners.
On top of this we have a run through of the following recent decisions:
- John Pugh Smith takes a look at the decision of the Court of Appeal in R (Greenfields (IOW) Ltd) v Isle of Wight Council & Westridge Village Limited [2025] EWCA Civ 488 on the procedural requirement to publish draft Section 106 agreements, the consequences of failure to do so, and how to avoid or truncate such issues with alternative dispute resolution.
- Daniel Stedman Jones and Jake Thorold provide a detailed look at section 31(2A) of the Senior Courts Act 1981 as considered in Bradbury v Awdurdod Parc Cenedlaethol Bannau Brycheiniog (Brecon Beacons National Park Authority) [2025] EWCA Civ 489 in which they acted for the Appellant.
- Daniel Kozelko looks at the decision of the Supreme Court in R (on the application of The Spitalfields Historic Building Trust) v Tower Hamlets LBC [2025] UKSC 11 on whether a council, by standing orders, can bar a councillor from voting at a meeting of a committee; in which he and Richard Harwood KC acted for the Appellant.
- Lastly, Flora Curtis writes on HM Treasury v Global Feedback Ltd [2025] EWCA Civ 624 in which the Court of Appeal addressed the scope of Article 9(3) of the Aarhus Convention.
We do hope you enjoy this jam-packed edition of the PEP newsletter and manage to find time over the next couple of months to enjoy the Summer.