Joanna Bell: Dover DC v CPRE Kent: Legal Complexity and Reason-Giving in Planning Law – UK Constitutional Law Association

Posted January 23rd, 2018 in appeals, local government, news, planning, Supreme Court by sally

‘Where a public authority determines an application for planning permission in what form, and in what level of detail, must the authority set out the reasons for their decision? What, furthermore, are the consequences of failing to provide reasons which meet the requisite standard? The Supreme Court’s recent decision in Dover DC v Campaign to Protect Rural England (CPRE), Kent is a clear reminder that there is no singular, straightforward answer to these questions. Thus reason-giving requirements vary in planning law according to, at least, the decision-maker under review (local authority, officer exercising delegated powers or the Secretary of State), whether planning permission is refused or granted, the nature of the development for which permission is sought and the type of land to which the application relates.’

Full Story

UK Constitutional Law Association, 22nd January 2018

Source: ukconstitutionallaw.org

Parents with Learning Disabilities and a Local Authority’s Responsibilities – Family Law Week

‘Emma Harman, barrister of 3PB, explains the lessons that can be learned from A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94.’

Full Story

Family Law Week, 18th January 2018

Source: www.familylawweek.co.uk

Local authorities and learning disabled parenting (A Local Authority v CG and others) – Family Law

‘A case concerning the parental suitability of two parents with mental health and learning difficulties offers a number of lessons that can help local authorities to better manage such challenging circumstances. Emma Harman, counsel for the mother, and Omar Malik, for the father, both of 3 Paper Buildings, outline the most salient issues for practitioners and local authorities to be aware of.’

Full Story

Family Law, 18th January 2018

Source: www.familylaw.co.uk

Ealing Council paves way to ban anti-abortion protesters – BBC News

Posted January 17th, 2018 in abortion, consultations, demonstrations, local government, news by sally

‘A council has moved to ban anti-abortion protesters from outside a Marie Stopes clinic in west London.’

Full Story

BBC News, 16th January 2018

Source: www.bbc.co.uk

London borough launches judicial review challenge over police station closures – Local Government Lawyer

Posted January 17th, 2018 in judicial review, local government, London, news, police by sally

‘A London borough is to bring a judicial review challenge against the Mayor’s Office for Policing and Crime (MOPAC) and the Commissioner of the Metropolitan Police Service over a decision to close police buildings.’

Full Story

Local Government Lawyer, January 2018

Source: www.localgovernmentlawyer.co.uk

DEFRA consults on allowing councils to fine people over fly-tipping – Local Government Lawyer

‘Local authorities could have the option of fining those whose waste ends up fly-tipped or illegally dumped rather than having to pursue them through the courts, under proposals put out for consultation by the Government today.’

Full Story

Local Government Lawyer, 15th January 2018

Source: www.localgovernmentlawyer.co.uk

Council officials face investigation over Bijan Ebrahimi case – The Guardian

Posted January 16th, 2018 in local government, news, police, racism by sally

‘Council officials will face an investigation over failings in the case of an Iranian refugee who was murdered by a vigilante after years of abuse.’

Full Story

The Guardian, 15th January 2018

Source: www.theguardian.com

Judges reject fracking appeals but campaigner vows to go to Supreme Court – Local Government Lawyer

Posted January 15th, 2018 in appeals, energy, environmental protection, local government, news, planning by tracey

‘The Court of Appeal has rejected a legal challenge to the Secretary of State for Communities and Local Government’s decision to grant planning permission for exploration works to test the feasibility of “fracking” at two sites in Lancashire.’

Full Story

Local Government Lawyer, 15th January 2018

Source: localgovernmentlawyer.co.uk

Householders could face fines for using fly-tippers – The Guardian

Posted January 15th, 2018 in environmental protection, fines, local government, news, waste by sally

‘Households whose rubbish ends up being dumped illegally by unauthorised disposal companies could face fines under plans being considered by the government.’

Full Story

The Guardian, 15th January 2018

Source: www.theguardian.com

High Court judge criticises “very serious defects” in housing decision letter – Local Government Lawyer

Posted January 10th, 2018 in children, disabled persons, housing, local government, news by sally

‘A decision letter sent by the London Borough of Hillingdon to an applicant for housing “suffers from very serious defects”, Nicklin J has said in the High Court.’

Full Story

Local Government Lawyer, 10th January 2018

Source: www.localgovernmentlawyer.co.uk

Council mulls consultation on public space protection order to protect health clinic – Local Government Lawyer

Posted January 10th, 2018 in abortion, consultations, harassment, local government, news by sally

‘The Cabinet at the London Borough of Ealing will next week (16 January) consider whether to authorise a consultation on a possible Public Spaces Protection Order (PSPO) around a Marie Stopes clinic.’

Full Story

Local Government Lawyer, 9th January 2018

Source: www.localgovernmentlawyer.co.uk

Protection from neighbours – no duty – Nearly Legal

Posted January 8th, 2018 in appeals, children, housing, local government, negligence, news, social services by sally

‘What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence.’

Full Story

Nearly Legal, 7th January 2018

Source: nearlylegal.co.uk

Leader urges police to use Vagrancy Act 1824 ahead of Royal Wedding – Local Government Lawyer

Posted January 8th, 2018 in ASBOs, local government, news, police, royal family, vagrancy by sally

‘The Leader of the Royal Borough of Windsor & Maidenhead has written to the Police and Crime Commissioner for the Thames Valley calling for the use of The Vagrancy Act 1824 or the Anti-Social Behaviour, Crime and Policing Act 2014 in tackling anti-social behaviour including aggressive begging and intimidation ahead of the Royal Wedding in May this year.’

Full Story

Local Government Lawyer, 5th January 2018

Source: www.localgovernmentlawyer.co.uk

ICO backs refusal of council to supply legal opinion over certificate of lawfulness – Local Government Lawyer

Posted January 8th, 2018 in disclosure, freedom of information, local government, news by sally

‘The Information Commissioner last month upheld a decision by a London borough to refuse to supply a copy of a legal opinion obtained by the council relating to an application to grant a certificate of lawfulness for a property.’

Full Story

Local Government Lawyer, 5th January 2018

Source: www.localgovernmentlawyer.co.uk

New guidance on the use of the Anti-social Behaviour, Crime and Policing Act 2014 – UK Police Law Blog

Posted January 4th, 2018 in ASBOs, local government, news, nuisance, police by sally

‘Revised Guidance has been published on 24 December 2017. The Home Office website states:

New guidance on the use of anti-social behaviour powers will help police and councils continue to take appropriate action against nuisance behaviours while ensuring the most vulnerable, including the homeless, are not disproportionately targeted.’

Full Story

UK Police Law Blog, 27th December 2017

Source: ukpolicelawblog.com

The Bedworth bedroom conundrum – Nearly Legal

Posted January 4th, 2018 in benefits, housing, local government, news, regulations, social security by sally

‘A very interesting (and perhaps surprising) Upper Tribunal 3 judge decision on the issue of ‘what is a bedroom’ for the purposes of Housing Benefit Reg 13 – the bedroom tax.’

Full Story

Nearly Legal, 31st December 2017

Source: nearlylegal.co.uk

Rules on properties requiring HMO licence to be strengthened from April – Local Government Lawye

Posted January 4th, 2018 in housing, landlord & tenant, licensing, local government, news by sally

‘Landlords renting properties in England occupied by five or more people, from two or more separate households, will need to hold a house of multiple occupation (HMO) licence from April 2018, Housing Minister Alok Sharma has announced.’

Full Story

Local Government Lawyer, 2nd January 2018

Source: www.localgovernmentlawyer.co.uk

Law Pod UK Ep. 19: The High Court rules on a planning authority decision – 1 COR

Posted January 4th, 2018 in historic buildings, local government, news, planning by sally

‘Rosalind English talks to Charlotte Gilmartin about the implications of a recent High Court ruling overturning Hackney council’s decision to allow permission to demolish part of a historic canal side building.’

Full Story

Law Pod UK, 21st December 2017

Source: audioboom.com

Reasons and planners again: Supreme Court – UK Human Rights Blog

Posted December 20th, 2017 in local government, news, planning, reasons by sally

‘The Supreme Court has just confirmed that this local authority should have given reasons if it wished to grant permission against the advice of its own planning officers for a controversial development to the west of Dover. ‘

Full Story

UK Human Rights Blog, 20th December 2017

Source: ukhumanrightsblog.com

Rochdale Council drops town centre swearing ban – BBC News

Posted December 19th, 2017 in ASBOs, enforcement, local government, news, obscenity by sally

‘A plan to ban swearing in a town centre has been scrapped after police said it was “unenforceable”.’

Full Story

BBC News, 19th December 2017

Source: www.bbc.co.uk