10 CONTEXT 186 : DECEMBER 2025 Law and policy Alexandra Fairclough writes: England’s Planning and Infrastructure Bill (introduced in March 2025) is moving ahead at pace. Its aim is to expedite decisions, unlock housing and major infrastructure, and revamp the system’s resource allocation. In Context 183 (March 2025), I mentioned that ministers had updated the National Planning Policy Framework (NPPF) as part of the planning reform. The government also launched a review of who gets a statutory say on applications. Worryingly, these subtle changes could alter the balance between growth and heritage. The committee stage of the Planning and Infrastructure Bill (commenced 17 July) continued throughout September. At the time of writing, the bill is in the report stage in the House of Lords. Many late amendments have caused a significant debate and criticism over inadequate scrutiny time. The bill is expected to undergo further debate and potential amendment at the third reading. To keep up to date, see Historic England’s monthly Planning Bulletins. The future position of the Gardens’ Trust and the Theatres Trust as statutory consultees on heritage casework is still uncertain. The government proposed a review of the scope of all the statutory consultees to reduce the type and number of applications on which they must be consulted. With regard to planning, this amounts to 25 organisations. The government’s intention is to make better use of standing advice rather than case-by-case responses. This does not prevent any organisation from responding to planning applications, but they would not be formally consulted, and reduced weight would be attached to any advice given. Northern Ireland In Northern Ireland, the Department for Communities published a new framework for the historic environment, the Heritage, Culture and Creativity Programme Framework. The objectives are to set the direction for future policy, with public consultation before the end of 2025. The proposals include: • Using historic assets to support government outcomes • Investing in the care and adaptive re-use of the historic environment to drive regeneration • Adopting best practice in identifying and safeguarding the historic environment in line with legislation and charters • Ensuring that well-managed heritage assets contribute to highquality rural and urban places, landscapes and biodiversity. • Empowering communities to use their historic environment as a resource to meet local needs. For more information, see communities-ni.gov.uk Scotland Earlier in the year Historic Environment Scotland published a three-year operating plan entitled Heritage for All, setting out actions relating to statutory functions, and refreshing historic environment policy for Scotland. Currently historic environment policy is being driven by the Our Past, Our Future strategy, which is focused on climate action, community empowerment and the wellbeing economy. Case law in England and Wales R (Chidswell Action Group) v Kirklees Council and CC Projects (an unlimited company) and Harworth Estates (Agricultural Land) Ltd, decision date 4 September 2025 Outline planning permission, quashed. This is an application for judicial review on four grounds, with a fifth being added later. This fifth ground was the failure to publish a s106 agreement during the decision-making process. A draft s106 should be published at the earliest time to allow members of the public to view it and comment. The court referred to a recent Court of Appeal decision (R (Greenfields (IOW) Ltd v Isle of Wight Council [2025] EWCA Civ 488), which stated that working drafts of s106 agreements should be published early, rather than final drafts at the end of the planning decision process. R (Wild Justice) v Pembrokeshire Coast National Park Authority and Adventure Beyond Ltd, decision date 5 September 2025 Planning permission sought, quashed. This application was for judicial review for the failure to publish background papers during the decision-making process (as required by s100d of the Local Government Act) on which the decision was based. These cases are a stark reminder that all relevant documents should be published, so that the open process of planning decisionmaking can allow for public consultation. Valerie Maximen v Arc 3 Architecture Ltd [2025] unreported Michael Feeney reported this case in The Planner (November/ December 2025). In a case of Growth and heritage
RkJQdWJsaXNoZXIy MjgyMjA=