Insufficient oversight and inadequate controls “allowed £2m fraud at joint venture” – Local Government Lawyer

Posted September 25th, 2018 in compulsory purchase, fraud, joint ventures, local government, news by sally

‘Insufficient oversight by Barnet Council together with inadequate controls allowed a former member of staff to commit a £2m fraud at a joint venture, a report by auditors Grant Thornton has said.’

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Local Government Lawyer, 24th September 2018

Source: www.localgovernmentlawyer.co.uk

Tribunal rejects call for disclosure of legal advice on amusement park project – Local Government Lawyer

Posted November 23rd, 2017 in compulsory purchase, disclosure, local government, news, privilege, tribunals by sally

‘An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.’

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Local Government Lawyer, 22nd November 2017

Source: www.localgovernmentlawyer.co.uk

Council to set up QC-led inquiry into controversial compulsory purchase order – Local Government Lawyer

Posted February 24th, 2017 in compulsory purchase, inquiries, news by sally

‘The full council at the London Borough of Lewisham has unanimously agreed to set up an independent inquiry led by a QC to examine matters relating to a controversial proposed compulsory purchase order.’

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Local Government Lawyer, 23rd February 2017

Source: www.localgovernmentlawyer.co.uk

Digital Economy Bill: The New Electronic Code – Falcon Chambers

Posted November 10th, 2016 in agreements, bills, compulsory purchase, news, telecommunications by sally

‘The Electronic Communications Code is contained in the Telecommunications Act 1984 Schedule 2, as amended by Schedule 3 to the Communications Act 2003 (“the Existing Code”).’

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Falcon Chambers, September 2016

Source: www.falcon-chambers.com

Local authorities’ statutory powers to override third party land rights will apply to a wider range of public schemes, says expert – OUT-LAW.com

‘Local authorities and regeneration bodies can expect greater scrutiny to be placed on their decisions to override third party rights in land on public interest grounds under new UK planning laws that came into effect in the summer.’

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OUT-LAW.com, 21st September 2016

Source: www.out-law.com

The Court of Appeal uphold High Court’s decision to quash the London Wharf CPO – OUT-LAW.com

Posted July 15th, 2016 in appeals, compulsory purchase, news, planning by tracey

‘The Court of Appeal has upheld the High Court’s decision to quash a compulsory purchase order (CPO) for the unused and vacant Orchard Wharf.’

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OUT-LAW.com, 14th July 2016

Source: www.out-law.com

Supreme Court rejects HRA over private tenancy – Law Society’s Gazette

Posted June 17th, 2016 in compulsory purchase, housing, human rights, news, Supreme Court by tracey

‘The Supreme Court has ruled that private tenants cannot rely on the right to a private and family life under the European Convention on Human Rights to challenge a mandatory possession order.’

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Law Society’s Gazette, 16th June 2016

Source: www.lawgazette.co.uk

Traders win Court of Appeal battle over Shepherd’s Bush Market regeneration – Local Government Lawyer

Posted March 22nd, 2016 in appeals, compulsory purchase, local government, markets, news, planning by sally

‘The Court of Appeal has upheld a challenge brought by traders against a High Court ruling that the decision by former Communities Secretary Eric Pickles to confirm a compulsory purchase order for Shepherd’s Bush Market was lawful.’

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Local Government Lawyer, 21st March 2016

Source: www.localgovernmentlawyer.co.uk

Horada and others v Secretary of State for Communities and Local Government and others – WLR Daily

Horada and others v Secretary of State for Communities and Local Government and others: [2016] EWCA Civ 169

‘Pursuant to its power under section 226(1)(a) of the Town and Country Planning Act 1990, the local planning authority made a compulsory purchase order in respect of land which included a well known market. The claimant and the market traders’ association objected and a public inquiry was held. The planning inspector recommended that the order not be confirmed. The Secretary of State issued a decision confirming the order, ostensibly giving reasons for departing from the inspector’s recommendation. The judge dismissed the claimant’s challenge to the validity of the order under section 23 of the Acquisition of Land Act 1981. The claimant and the association appealed on the grounds that the reasons given by the Secretary of State for departing from the inspector’s recommendation were inadequate and/or inadequately expressed.’

WLR Daily, 18th March 2016

Source: www.iclr.co.uk

Planning, Environment and Property Newsletter – 39 Essex Chambers

Posted September 4th, 2015 in compulsory purchase, energy, environmental protection, housing, news, planning by sally

Planning, Environment and Property Newsletter (PDF)

39 Essex Chambers, July 2015

Source: www.39essex.com

High Court dismisses landowners’ challenge to Tottenham Hotspur FC stadium CPO – OUT-LAW.com

Posted February 24th, 2015 in compulsory purchase, local government, news, planning, public interest, sport by sally

‘The High Court has dismissed a challenge to the land acquisition order that will allow Tottenham Hotspur Football Club (THFC) to complete the redevelopment of the site of its north London stadium, according to reports.’

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OUT-LAW.com, 23rd February 2015

Source: www.out-law.com

Court of Appeal upholds CPO by council of site of famous amusement park – Local Government Lawyer

Posted October 9th, 2013 in appeals, compulsory purchase, inquiries, local government, news by sally

“A district council’s compulsory purchase of the site of a famous amusement park has today been upheld by the Court of Appeal.”

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Local Government Lawyer, 8th October 2013

Source: www.localgovernmentlawyer.co.uk

Local authorities and fracking – Hardwicke Chambers

Posted July 31st, 2013 in competition, compulsory purchase, energy, local government, news, trespass by sally

“To its supporters fracking is a revolutionary method of extracting gas and oil which will help drive down fuel prices in the UK, lower CO2 emissions and reduce the country’s dependence on foreign energy supplies. To its opponents it is a dangerous distraction from investment in renewable fuels, which can lead to the escape of carcinogenic chemicals into water supplies and which can cause minor earthquakes.”

Full story

Hardwicke Chambers, 24th July 2013

Source: www.hardwicke.co.uk

CPO over unoccupied property can be made even when dwelling not ’empty’, says court – OUT-LAW.com

“A local housing authority may make a compulsory purchase order (CPO) over an unoccupied house even where the house is not ’empty’ for the purposes of the empty dwellings management orders (EDMO) regime, a High Court judge has ruled.”

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OUT-LAW.com, 22nd October 2012

Source: www.out-law.com

Compulsory Purchase: Recent Decisions – Falcon Chambers

Posted November 14th, 2011 in compulsory purchase, news by sally

“This paper sets out those recent cases which may be of general assistance to practitioners, covering the period June 2010 – June 2011. The paper seeks to gather together all of the relevant recent judicial pronouncements on matters relating to Compulsory Purchase, and to flag up the most relevant Upper Tribunal (UT) decisions on the subject. The paper does not cover decisions which appear to turn entirely upon their own facts.”

Full story (PDF)

Falcon Chambers, November 2011

Source: www.falcon-chambers.co.uk

Compulsory purchase order threat to tackle problem of empty homes – The Guardian

Posted October 10th, 2011 in compulsory purchase, housing, news by sally

“A council with one of the biggest housing shortages in the country is threatening to use compulsory purchase orders against the owners of homes that have been left empty for six months or more.”

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The Guardian, 8th October 2011

Source: www.guardian.co.uk

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council – WLR Daily

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council [2010] UKSC 20; [2010] WLR (D) 123

“A planning authority, in considering the exercise of its compulsory purchase powers in relation to one site, was not entitled to take into account a commitment by a developer to secure the redevelopment of another unconnected site.”

WLR Daily, 13th May 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council – WLR Daily

Posted August 5th, 2009 in compulsory purchase, law reports, planning by sally

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council [2009] EWCA Civ 734; [2009] WLR (D) 278

“S 226(1A) of the Town and Country Planning Act 1990 did not prevent a planning authority, when considering the exercise of its compulsory purchase powers, from having regard to wider benefits resulting from the development, redevelopment or improvement of or in relation to the land, which might include benefits deriving from the associated redevelopment of another site not within the proposed development itself.”

WLR Daily, 3rd August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) – WLR Daily

Posted August 3rd, 2009 in compulsory purchase, law reports, valuation by sally

Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) [2009] UKHL 44; [2009] WLR (D) 273

“Where permission for the redevelopment of the claimant’s land would on the balance of probability have been granted as at the valuation date, the Lands Tribunal had not been entitled to value the land on the basis that permission would actually have been granted rather than on the basis of ‘hope value’.”

WLR Daily, 31st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Union Railways (North) Ltd and another v Kent County Council – WLR Daily

Posted May 6th, 2009 in compensation, compulsory purchase, law reports by sally

Union Railways (North) Ltd and another v Kent County Council [2009] EWCA Civ 363; [2009] WLR (D) 143

“In a compulsory purchase order case in which applicable notices to treat had been served on the landowner, but not on a company which claimed previously to have acquired certain rights partly over land acquired under the order, the company was not excluded per se by reason of s 22 of the Compulsory Purchase Act 1965 from making a reference to the Lands Tribunal seeking compensation.”

WLR Daily, 5th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.