[UK] HSF Kramer TCPA Update - November 2025

Welcome to the latest issue of our regular overview and analysis of recent legal developments in town and country planning law. As you can see, we have refreshed the format of this newsletter, but we pick up where the last Monthly TCPA Newsletter left off.

Recent months may have seemed relatively quiet on the planning news front, but there is still a lot to report. 

We take a look at the key provisions of the English Devolution and Community Empowerment Bill 2024-25 and its potential effects on local governance and planning. We provide an update on progress with the Planning and Infrastructure Bill. We also consider the final report of the New Towns Taskforce and the government's response to it, noting as well the House of Commons Housing, Communities and Local Government Committee comments on this in their own Land Value Capture Inquiry Report. And we consider the recent package of support in Homes for London.

We highlight four cases: the decision of the Supreme Court in CG Fry & Son Limited v Secretary of State for Housing, Communities and Local Government and another, which clarified important questions about when an appropriate assessment can be required under the Habitats Regulations, whether Ramsar sites should be treated in the same way, and the protection granted by an outline consent against revisiting the need for an appropriate assessment at the reserved matters or discharge of conditions stage; the High Court case of Cooper v Ludgate House Ltd and Powell v Ludgate House Ltd on rights of light; Westminster City Council v Gems House Residences Chiltern Street Ltd for its insights into the interpretation of mortgagee exclusion clauses in section 106 agreements; and R (on the application of Chidswell Action Group) v Kirklees Council  on when a local planning authority should publish a draft section 106 agreement.

Last but not least, in our general round-up we cover a variety of topics including the updated flood risk PPG, news that an agreement between the Environment Agency and Southern Water has unblocked development stalled by water neutrality issues, and work on using AI to speed up decision making.

To read the update, click here.

As for what's to come, as you are all aware, we're expecting a very busy few months ahead! Subscribe to this blog to get updates straight to your inbox.

If you have any questions on anything mentioned in the update, or any feedback to share, please get in touch using the contact details at the bottom of this post.