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NEWS
The Planning Inspectorate has updated its Rights of way guidance booklet, amending paragraphs 2.5.2 and 2.5.5 of the guidance on procedures for considering objections to definitive map and public path orders regarding site visits.
GLOSSARY
A means of challenging the lawfulness of an act or omission by a public body, which has a sufficient public element. Planning judicial review is dealt with in a specialist Planning Court under rules set out in s 31 of the Senior Courts Act 1981 and CPR 54.
NEWS
The Department for Levelling Up, Housing and Communities has updated its Planning Practice Guidance on biodiversity net gain (BNG), which was previously in draft form. It provides guidance on the biodiversity gain condition that, subject to exceptions, development must deliver at least a 10% increase in biodiversity from 12 February 2024.
NEWS
The Ministry of Housing, Communities and Local Government has updated its Planning Practice Guidance on flood risk and coastal change. The amendments affect paragraphs 23, 27, the new 27a, and 28. Paragraph 23 reiterates that the sequential approach is designed to direct development towards areas with the lowest flood risk. Paragraph 27 clarifies that sequential testing applies to both major and non-major developments in flood risk areas, while also introducing exemptions for certain developments where surface water flood risk can be clearly mitigated. The newly introduced paragraph 27a provides guidance on identifying the appropriate areas of search for sequential testing, stating that the catchment area should be suitable to the nature and scale of the proposal. Finally, paragraph 28 confirms that sites do not need to be owned by the applicant to be deemed ‘reasonably available’ for sequential testing purposes. Although housing land supply considerations may be relevant to overall planning balance, the guidance makes it clear that they do not influence the application of the sequential test.
CHECKLISTS
How to use this Checklist This Checklist is for use when planning a digital marketing campaign. The focus is on marketing-specific requirements and the Checklist does not consider general issues in relation to transactional activity (eg contract formation, distance selling). It covers media selection, territorial targeting, agency contracts, data protection, advertising compliance, user-generated content, influencer engagement, prize and price promotions, and behavioural advertising. It also considers compliance with legislative and self-regulatory regime in the UK, including the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Digital marketing can reach consumers at home, at work and, through their mobiles, tablets and video game consoles, virtually everywhere else. Alongside unrivalled potential audience numbers, it offers brands the opportunity to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are diverting more and more of their marketing spend from traditional media to social and other digital media. Digital
CHECKLISTS
This Checklist is for use when planning a print marketing campaign. The focus is on marketing-specific requirements, but general issues in relation to transactional activity (eg contract formation, distance selling) are not included. It covers targeting and placement, agency contracts, data protection, advertising compliance, prize and price promotions. It also considers compliance with legislative and self-regulatory regime in the UK, including the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Print advertising continues to play a central role in all major brand advertising. This includes advertising on billboards, posters, brochures, fliers and in newspapers and magazines. In the UK, print advertising is governed by a combination of industry self-regulation and legislation. For a detailed overview of the advertising landscape in the UK, see Practice Note: Advertising law and regulation. See also: • Advertising copy approval—checklist • Planning a digital marketing campaign—checklist The third column can be used to record observations or comments as the
NEWS
Planning analysis: The Planning and Infrastructure Act 2025 received Royal Assent on 18 December 2025. The Act introduces significant reforms to planning and infrastructure consenting in England, intended to tackle long-standing barriers to housing delivery and unlock stalled development. This is a summary and analysis of the planning-related provisions, including changes to the NSIP regime, local planning processes, strategic planning, environmental mitigation and compulsory purchase.
PRACTICE NOTES
The Planning and Infrastructure Act 2025 received Royal Assent on 18 December 2025. The Act is commenced in stages.
NEWS
Planning analysis: Part III of the Planning and Infrastructure Bill is arguably the most complex, and controversial element of the proposed legislation. This analysis summarises the provisions and looks at the potential implications. Written by Alexa Culver, legal counsel at RSK Wilding.
NEWS
The government has published a package of amendments to its Planning and Infrastructure Bill, to be debated at report stage in the House of Lords from 20 October 2025. The changes are part of its ‘pro-growth’ drive to accelerate housing and infrastructure delivery. Proposals include a new power allowing ministers to issue ‘holding directions’ to stop councils refusing applications while call-in is under consideration, alongside measures to prevent permissions expiring during judicial review and to streamline approvals for major projects.
NEWS
Planning analysis: After two days of debate (report stage on 9 June 2025 and third reading on 10 June 2025) the Planning and Infrastructure Bill (the Bill) left the Commons and moved to the Lords. MPs approved three noteworthy revisions: they tightened development consent order (DCO) examinations, broadened the statutory consultation and protection regime for Environmental Delivery Plans (EDPs), and introduced a rule that environmental effects on non-protected features must be ignored once a developer pays the Nature Restoration Levy. For planning lawyers and local planning authorities (LPAs), the changes could translate into earlier evidence deadlines, stronger scrutiny from transport and marine bodies, and a fresh cost-benefit test around the levy. Part 3 of the Bill remains highly contested, with conservation group Wild Justice already pursuing judicial review.
NEWS
Planning analysis: The Planning and Infrastructure Bill (the Bill) introduces seismic reforms to streamline the planning system, including: faster consenting for NSIPs and updating of National Policy Statements, localised planning fees, a delegation scheme for planning decisions, a new nature restoration fund for environmental interventions, a strategic planning system across England, strengthened development corporations, and a streamlined compulsory purchase process. This is a summary of the key provisions of the Bill and analysis of the practical implications.