Brexit

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Brexit

On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU, a process known as Brexit.

On 29 March 2017, the UK government served formal notice under Article 50 of the Treaty on European Union (TEU) to terminate the UK's membership of the EU.

Negotiations between the UK and the EU relating to the withdrawal of the UK commenced in June 2017 and culminated in the Withdrawal Agreement, an international treaty implemented in domestic law by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020).

As of exit day (11pm on 31 January 2020) the UK ceased to be an EU Member State. The UK initially entered an implementation period during which the UK continued to be treated by the

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Latest Planning News

Court of Appeal clarifies liability and sentencing for serious breaches of TPOs (R v Chamdal)

Planning analysis: In R v Chamdal, the Court of Appeal held that in relation to offences under section 210 of the Town and Country Planning Act 1990 (TCPA 1990), courts may impose deterrent, means-related fines, treating the offence as strict liability with at least negligent culpability where owners fail to check tree preservation order (TPO) coverage and obtain consent. It upheld a £200,000 fine for causing or permitting the cutting down of at least 132 trees as proportionate, stressing that harm includes the scale and amenity/biodiversity impact of felling and that reliance on contractors or the absence of financial motive does not significantly mitigate.

Planning injunction granted to restrain unlawful rebuilding and hardstanding on sensitive land (Wealden District Council v Devall)

Planning analysis: In Wealden DC v Devall, the High Court held that the owners’ rebuilding of a derelict barn and creation of extensive hardstanding on environmentally sensitive land were building/operational works amounting to ‘development’ for which planning permission was required. Applying the South Bucks framework in section 187B of the Town and Country Planning Act 1990 (TCPA 1990), the court treated the breaches as deliberate and granted a final injunction with mandatory restoration as a necessary and proportionate response to prevent rapid residential occupation and uphold planning control.

Court confirms enforcement notice can be validly served by fixing it to main entrance of multi-occupier site (Turner v SSHCLG)

Planning analysis: In Turner v SSHCLG, the High Court held that for enforcement under sections 172 and 329(2) of the Town and Country Planning Act 1990 (TCPA 1990) , 'premises' ordinarily means the whole planning unit, so fixing a notice conspicuously to a site's main entrance of a multi-occupier site validly serves occupiers. Practically, this confirms that local planning authorities can serve enforcement notices at a site's main access point without needing to affix copies within each individual occupier's compound, provided the notice is clearly visible and reasonably likely to come to occupiers' attention.

PINS publishes 2025 stakeholder survey results and announces operational improvements

The Planning Inspectorate (PINS) has published the results of its 2025 stakeholder survey. The survey found that 75% of respondents rated PINS’ decisions, recommendations and advice as high quality, compared to 74% in 2024. In addition, 36% agreed that the organisation is customer-focused, up from 31% in 2024, although PINS recognises that customer focus remains an area for development. PINS reported that the average decision time for cases decided in September 2025 was 20 weeks, compared to a 25-week average over the previous 12 months. The organisation also announced several operational improvements, including: (1) the introduction of simplified planning appeal procedures for the majority of appeals decided via written representations and the national rollout of its digital appeals service by the end of 2025; (2) plain English training for inspectors on local plans; (3) the launch of a ‘Find a Crown Development’ website for Crown body applications; and (4) updated customer-facing guidance for the Common Land service.

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