England and Wales Case Law

Launchbury v Secretary of State for Housing, Communities and Local Government & Ors

Launchbury v Secretary of State for Housing, Communities and Local Government & Ors [2026] EWHC 109 (Admin) (23 January 2026)

Permission to seek statutory review was refused. The court held the planning inspector's decision on a gypsy/traveller site was a lawful planning judgment, not an arguable error of law.

• Statutory review
• Planning permission
• Gypsy/traveller sites
• Biodiversity net gain
• Landscape impact
• Flood risk

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Samuel David Launchbury v Secretary of State for Housing, Communities and Local Government & Ors

Permission for a statutory planning review was refused. The court held the inspector’s decision on a gypsy/traveller site was a lawful planning judgment, not irrational.

• Statutory review under section 288 tcpa 1990
• Planning permission for gypsy/traveller sites
• Biodiversity net gain
• Landscape impact assessment
• Flood risk assessment
• Judicial review standards

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Wildfish, R (On the Application Of) v Buckinghamshire Council

Wildfish, R (On the Application Of) v Buckinghamshire Council [2025] EWHC 3060 (Admin) (20 November 2025)

The High Court dismissed judicial review claims over Buckinghamshire Council’s reserved matters approval, condition discharge, EIA screening, drainage, and biodiversity net gain.

• Judicial review of planning decisions
• Reserved matters approval
• Discharge of planning conditions
• Biodiversity net gain
• Foul water drainage
• Environmental impact assessment

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Chidswell Action Group, R (On the Application Of) v Kirklees Council

Chidswell Action Group, R (On the Application Of) v Kirklees Council [2025] EWHC 2256 (Admin) (04 September 2025)

Judicial review of a planning permission for 181 dwellings succeeded because the section 106 agreement was not published before determination, defeating public comment rights.

• Outline planning permission
• Biodiversity net gain
• Ecological surveys
• Section 106 agreement
• Publication requirements
• Judicial review grounds

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Chidswell Action Group, R (on the application of) v Kirklees Council

The defendant's admitted breach of article 40(3)(b) of the 2015 DMP Order by failing to publish the section 106 agreement prior to granting planning permission deprived objectors of the opportunity for informed comment and public scrutiny, rendering the grant of planning permission invalid.

Source excerpt

• Outline planning permission
• Biodiversity net gain
• Ecological survey timing
• Section 106 agreement
• Public participation
• Statutory publication requirements

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Save Bristol Gardens Alliance Limited v Bristol City Council

The Defendant acted lawfully and rationally in accepting the planning officer's advice, using Biodiversity Metric 3.0 for net gain assessment, applying L2013 methodology for carbon emissions, and balancing qualitative and quantitative open space factors; no material misdirection or failure of inquiry occurred.

Source excerpt

• Biodiversity net gain
• Carbon emissions
• Open space policy
• Planning permission
• Sustainability standards

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NG8 2RJ Ltd v Secretary of State for Housing, Communities and Local Government

NG8 2RJ Ltd v Secretary of State for Housing, Communities and Local Government [2025] EWHC 470 (Admin) (07 March 2025)

Planning judicial review on whether an inspector gave adequate reasons for dismissing a residential appeal linked to Japanese knotweed eradication.

• Adequacy of reasons in planning decisions
• Section 288 challenge
• Green infrastructure asset
• Biodiversity net gain
• Japanese knotweed
• Weighing planning benefits and harms

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NRS Saredon Aggregates Limited v The Secretary of State for Levelling Up, Housing and Communities & Anor

The Inspector erred in law by reducing the weight attached to biodiversity net gain on the mistaken basis that forthcoming legislative requirements would apply to the development, thereby exercising planning judgment on an incorrect legal basis. This error was material and the decision must be quashed.

Source excerpt

• Green belt policy
• Biodiversity net gain
• Development plan compliance
• Statutory interpretation
• Planning permission appeals

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Weston Homes Plc, R (On the Application Of) v Secretary of State for Levelling Up, Housing and Communities & Anor

Weston Homes Plc, R (On the Application Of) v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 2089 (Admin) (07 August 2024)

The High Court quashed a planning refusal over errors in biodiversity net gain, ancient woodland reasoning, and school land benefits, ordering a fresh redetermination.

• Section 62a applications
• Planning permission
• Statutory review
• Procedural fairness
• Heritage assets
• Housing land supply

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Vistry Homes Ltd v Secretary of State for Levelling Up, Housing And Communities & Ors (Rev1)

Vistry Homes Ltd v Secretary of State for Levelling Up, Housing And Communities & Ors (Rev1) [2024] EWHC 2088 (Admin) (07 August 2024)

The High Court dismissed two planning review claims challenging weight given to PDL, biodiversity net gain, and economic benefits in Green Belt appeals.

• Green belt policy
• National planning policy framework
• Very special circumstances
• Previously developed land
• Biodiversity net gain
• Economic benefits

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