High Court quashes planning permission for five-bed home for third time – Local Government Lawyer

Posted April 12th, 2017 in environmental protection, local government, news, planning by sally

‘Northumberland Council has seen its grant of planning permission for a five-bed home quashed by the High Court for a third time.’

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Local Government Lawyer, 11th April 2017

Source: www.localgovernmentlawyer.co.uk

Tribunal judge overturns listing of allotment site as an asset of community value – OUT-LAW.com

‘A tribunal has overturned the listing of an allotment site in Lancashire as an asset of community value (ACV), on the grounds that nearby housing development makes it “highly unrealistic” that the site will ever be used as allotments again.’

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OUT-LAW.com, 11th April 2017

Source: www.out-law.com

Somebody else’s money – Nearly Legal

‘Ms Oliver was the long leaseholder in a block of flats on the Lansdowne Estate, which was owned by the Council. The Council carried out city wide major works, which included works on the Lansdown Estate. Some of the works were eligible for a contribution from a commercial energy company as part of the Community Energy Savings Programme (“CESP”). In total 15 of the 25 blocks on the Lansdowne Estate were eligible to receive CESP funding. The contribution to Ms Oliver’s block was £43,570.44. The Council decided not to pass the CESP directly to the leaseholders as a set off against their service charge contributions. Rather, the Council decided to attribute the money to the funding of works to its city-wide housing stock. The effect of this was that every leaseholder’s service charge was reduced irrespective of whether their block had been entitled to CESP funding.’

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Nearly Legal, 10th April 2017

Source: www.nearlylegal.co.uk

Shared legal service terminated after requirements of partner councils change – Local Government Lawyer

‘The shared legal service between Spelthorne Borough Council and Reigate & Banstead Borough Council came to an end last month after three years, it has emerged.’

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Local Government Lawyer, 11th April 2017

Source: www.localgovernmentlawyer.co.uk

Community contribution, priority stars and discrimination – Nearly Legal

‘This was a judicial review of Southwark’s allocation policy as it applied to transfers. Specifically, the issue was whether Southwark’s policy, in awarding ‘priority stars’ for ‘community contribution’ discriminated against women and the disabled.’

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Nearly Legal, 9th April 2017

Source: www.nearlylegal.co.uk

New litter strategy could see fly-tippers given community service – The Guardian

‘Fly-tippers could be forced to pick up litter as part of community service, the environment secretary, Andrea Leadsom, has said.’

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The Guardian, 9th April 2017

Source: www.guardian.co.uk

Dove v Havering LBC – Arden Chambers

‘The Court of Appeal has dismissed an appeal against a decision that two joint tenants had lost security of tenure under the Housing Act 1985 because they no longer occupied the property as their only or principal home.’

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Arden Chambers, 16th March 2017

Source: www.ardenchambers.com

Service Charges: No Double Recovery – Local Government Law

Posted April 6th, 2017 in appeals, costs, housing, leases, local government, news, service charges by tracey

‘In Sheffield City Council v Oliver (2007) EWCA Civ 225 the local authority was unsuccessful in its appeal from an Upper Tribunal (Lands Chamber) decision concerning the funding of major refurbishment works to several blocks of flats of which it is the freeholder.’

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Local Government Law, 5th April 2017

Source: www.11kbw.com/blogs/local-government-law

Independent Reviewing Officers – myths and misunderstandings continue – Family Law Week

‘Professor Jonathan Dickens, University of East Anglia, Norwich, considers some of the strengths and limitations of the IRO service, drawing on recent debates and the findings of a research study conducted between 2012-14.’

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Family Law Week, 6th April 2017

Source: www.familylawweek.co.uk

Supreme court upholds ban on term-time holidays – The Guardian

‘The ban on parents taking their children out of school for family holidays during term time has been upheld by the supreme court.’

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The Guardian, 6th April 2017

Source: www.guardian.co.uk

Turley v Wandsworth LBC (Secretary of State for Communities and Local Government intervening) – Arden Chambers

‘The Court of Appeal has held that the difference in the residence requirements for statutory succession to secure tenancies between married couples (or civil partners) and unmarried couples living together as man and wife (or as civil partners) under the former s.87, Housing Act 1985, was not a breach of Art.14, European Convention of Human Rights, read with Art.8.’

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Arden Chambers, 24th March 2017

Source: www.ardenchambers.com

Sheffield CC v Oliver – Arden Chambers

‘The Court of Appeal has held that the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning; accordingly, the Upper Tribunal had been wrong to hold that such costs were reduced by third-party energy-saving funding received by the landlord from an energy provider in relation to a major works programme; but the Court was required to determine for itself the “fair proportion” of the costs to which the leaseholder was required to contribute, and a deduction was to be made in relation to part of the funding received which was attributable to the leaseholder’s flat.’

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Arden Chambers, 4th April 2017

Source: www.ardenchambers.com

More than 100 parents per school day are being prosecuted for taking their children out of school, new figures show – Daily Telegraph

‘More than a hundred parents are being prosecuted per school day for taking their children out of school without permission, new figures have revealed on the eve of the Supreme Court’s ruling on term-time holidays.’

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Daily Telegraph, 6th April 2017

Source: www.telegraph.co.uk

Islington LBC v Dyer – Arden Chambers

Posted April 6th, 2017 in appeals, documents, local government, news, notification, repossession by sally

‘The Court of Appeal has held that a local authority had served a valid notice of possession proceedings under s.128, Housing Act 1996, notwithstanding that the information required by s.128(7) was included in a leaflet accompanying the notice rather than in the body of the notice itself.’

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Arden Chambers, 22nd March 2017

Source: www.ardenchambers.com

Parking fine appeal success varies between council areas – BBC News

‘The likelihood of successfully challenging parking fines varies widely depending on where drivers get a ticket, research has shown.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

One in three councils targeting rough sleepers with enforcement measures: Crisis – Local Government Lawyer

‘More than one in three councils (36%) are targeting rough sleepers with enforcement measures such as Criminal Behaviour Orders (CBOs) and Public Space Protection Orders (PSPOs), research by national homelessness charity Crisis has suggested.’

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Local Government Lawyer, 4th April 2017

Source: www.localgovernmentlawyer.co.uk

Licensing Act review committee calls for ‘radical comprehensive overhaul’ – OUT-LAW.com

‘Licensing laws in England and Wales should be changed to give local planning authorities responsibility for determining the rights of businesses to sell alcohol on their premises, according to a House of Lords committee.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

Council defeats High Court challenge to masterplan and planning permissions – Local Government Lawyer

Posted April 5th, 2017 in judges, judicial review, local government, news, planning, road traffic by sally

‘A Planning Court judge has dismissed three judicial review challenges to Newcastle City Council’s adoption of a masterplan for a major development and two subsequent grants of planning permission.’

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Local Government Lawyer, 3rd April 2017

Source: www.localgovernmentlawyer.co.uk

Council faces complaint to competition watchdog over incinerator contract – Local Government Lawyer

Posted April 4th, 2017 in competition, complaints, local government, news by sally

‘A community-led recycling organisation has submitted a complaint to the Competition and Markets Authority claiming that a county council’s contract with an incinerator company breaks competition law.’

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Local Government Lawyer, 3rd April 2017

Source: www.localgovernmentlawyer.co.uk

Local authorities launch legal action over plans to downgrade hospital – Local Government Lawyer

Posted April 3rd, 2017 in hospitals, judicial review, local government, news by sally

‘A group of local authorities have launched a judicial review challenge over what they described as a “confusing and flawed” consultation process on plans to downgrade services at a local hospital.’

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Local Government Lawyer, 31st March 2017

Source: www.localgovernmentlawyer.co.uk