Lowell Goddard: my child abuse inquiry is not just targeted on the famous – The Guardian

‘This is the opportunity to get to the heart of one of the biggest challenges for our generation, says inquiry chairman Lowell Goddard.’

Full story

The Guardian, 3rd April 2016

Source: www.guardian.co.uk

Routine use of council gagging orders ‘leaves Britain open to corruption’ – The Independent

‘The UK has left itself open to corruption at the heart of local government, transparency campaigners warned, after it emerged that council workers have been routinely issued with gagging orders when they left public service.’

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The Independent, 3rd April 2016

Source: www.independent.co.uk

Government details law changes to address fall in adoption decisions – Local Government Lawyer

‘The Government has set out how it plans to change the law to address falls in local authority adoption decisions and the courts’ granting of placement orders.’

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Local Government Lawyer, 30th March 2016

Source: www.localgovernmentlawyer.co.uk

Bromley London Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Bromley London Borough Council v Secretary of State for Communities and Local Government and another [2016] EWHC 595 (Admin)

‘A developer sought planning permission for a development on Green Belt land comprising nine residential houses and a barn and associated dwellings for a livery business. The proposal involved redevelopment of previously developed land at a livery, the business of which was partly retained. The local planning authority refused planning permission. On the developer’s appeal, an inspector appointed by the Secretary of State considered that the proposal comprising new buildings was appropriate development and concluded that, applying the requirements of the sixth exception in para 89 of the National Planning Policy Framework (“NPPF”), the new buildings would not impact adversely either on the openness of the Green Belt or the purposes for designation of the Green Belt. He accordingly allowed the developer’s appeal. The local planning authority applied under section 288 of the Town and Country Planning Act 1990 to quash the inspector’s decision, contending, inter alia, that para 89, which listed six exceptions to the general policy that new buildings were inappropriate development in the Green Belt, should be interpreted to mean that development which was not only operational development for new buildings but also involved a material change in use for those buildings did not fall within the categories of appropriate development, and that therefore the inspector had erred in law in treating the proposal as appropriate development, since the construction of the new houses also involved a material change of use to residential or mixed residential and equestrian use.’

WLR Daily, 15th February 2016

Source: www.iclr.co.uk

Wychavon District Council v Secretary of State for Communities and Local Government – WLR Daily

Posted March 30th, 2016 in housing, law reports, local government, planning by sally

Wychavon District Council v Secretary of State for Communities and Local Government [2016] EWHC 592 (Admin)

‘The developer applied for outline planning permission for the development of 32 dwellings on a site lying outside the defined development boundaries and allocated sites set out in the local planning authority’s local plan. The local authority failed to determine the application and the developer appealed to the Secretary of State. The inspector appointed by the Secretary of State recognised that the main issue was whether the site was a suitable location for residential development having regard to the local plan and other considerations. He identified that the proposed development was in clear conflict with the location policy in the local plan, which policy remained in force and so retained its full weight as part of the statutory development plan. Having found therefore that para 14 of the National Planning Policy Framework (“the NPPF”) did not apply, the inspector went on to consider the policies of the NPPF as a whole, concluding that the proposed development constituted sustainable development so that the presumption in favour of sustainable development applied, that being a material consideration capable of outweighing the development plan, pursuant to section 38(6) of the Planning and Compulsory Purchase Act 2004. Accordingly, the inspector allowed the appeal and granted permission. The local authority challenged that decision pursuant to section 288 of the Town and Country Planning Act 1990 on the ground, inter alia, that the inspector had erred in law in failing properly to apply the approach to decision-taking set out in section 38(6)of the 2004 Act.’

WLR Daily, 16th March 2016

Source: www.iclr.co.uk

Action on alcohol to form part of UK’s ‘modern crime prevention strategy’ – OUT-LAW.com

Posted March 30th, 2016 in alcohol abuse, crime prevention, local government, news, police by sally

‘Better partnerships and more effective information-sharing at the local level will be needed to reduce alcohol-related crime and disorder, the government has said.’

Full story

OUT-LAW.com, 29th March 2016

Source: www.out-law.com

Swindon Borough Council v Webb (trading as Protective Coatings) – WLR Daily

Swindon Borough Council v Webb (trading as Protective Coatings) [2016] EWCA Civ 152

‘Whilst hesitating to be prescriptive in a matter where the liberty of the subject is at stake, and where the circumstances are likely to be infinitely various, the procedure provided by CPR r 81.31 should be followed where a contemnor seeks his discharge before the expiry of his sentence (para 23).’

WLR Daily, 16th March 2016

Source: www.iclr.co.uk

Public sector equality duty must be beefed up, say peers – Local Government Lawyer

‘The wording of the Public Sector Equality Duty must be strengthened so that the discriminatory consequences of decisions by the Government and public authorities can no longer be ignored, peers have said.’

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Local Government Lawyer, 29th March 2016

Source: www.localgovernmentlawyer.co.uk

Campaign to save Sheffield’s trees reaches High Court – The Independent

Posted March 23rd, 2016 in environmental protection, injunctions, local government, news, roads, trees by tracey

‘A bitter dispute between campaigners and councillors over a controversial programme to cut down thousands of trees has continued at a hearing at the High Court in London.’

Full story

The Independent, 22nd March 2016

Source: www.independent.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.’

Full story

Local Government Lawyer, 21st March 2016

Source: www.localgovernmentlawyer.co.uk

Parish council wins legal challenge over refusal to register land as village green – Local Government Lawyer

Posted March 22nd, 2016 in commons, land registration, local government, news by sally

‘A parish council has won a High Court challenge over a local authority’s refusal to register land in its area as a village green.’

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Local Government Lawyer, 21st March 2016

Source: www.localgovernmentlawyer.co.uk

Boys win appeal over striking out of claim against council over harassment on estate – Local Government Lawyer

‘A High Court judge has ruled that the claims of two boys against a council for negligence in failing to protect them from harassment from neighbours on the estate where they lived were wrongly struck out.’

Full story

Local Government Lawyer, 18th March 2016

Source: www.localgovernmentlawyer.co.uk

Couple win £38,000 payout after council refuses to chop down tree which damaged their home – Daily Telegraph

Posted March 22nd, 2016 in damages, housing, insurance, local government, news, trees by sally

‘Bill and Mary Nicholson were awarded compensation after the Cedar tree’s roots caused serious damage to their semi-detached £400,000 property’

Full story

Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

Personal data and politicians’ names – Panopticon

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

Full story

Panopticon, 18th March 2016

Source: www.panopticonblog.com

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

Council ordered to pay damages to boy over delay in revoking placement order – Local Government Lawyer

Posted March 18th, 2016 in damages, delay, local government, news, placement orders by tracey

‘A Family Court judge has ordered a council to pay a 10-year-old boy £5,000 in damages after it failed for three years to seek to revoke a placement order.’

Full story

Local Government Lawyer, 15th March 2016

Source: www.localgovernmentlawyer.co.uk

Adoption, foreign nationals and parental consent: where are we now? – Family Law Week

‘Michael Jones, Barrister, Deans Court Chambers, analyses the implications of a recent judgment in Re JL and AO (Babies Relinquished for Adoption) which concerned the adoption of children with the consent of the foreign parents.’

Full story

Family Law Week, 17th March 2016

Source: www.familylawweek.co.uk

New Acts – legislation.gov.uk

Psychoactive Substances Act 2016

Cities and Local Government Devolution Act 2016

Welfare Reform and Work Act 2016

Education and Adoption Act 2016

Childcare Act 2016

Charities (Protection and Social Investment) Act 2016

Supply and Appropriation (Anticipation and Adjustments) Act 2016

Source: www.legislation.gov.uk

Boys brought up on tough council estate win right to sue local council over harassment that ruined their lives – Daily Telegraph

‘Two children who say they suffered “harassment and worse” whilst being brought up on a tough council estate have won the right to sue for massive compensation.’

Full story

Daily Telegraph, 16th March 2016

Source: www.telegraph.co.uk

Met Police decision to drop Tower Hamlets electoral fraud investigation branded ‘utter disgrace’ – Daily Telegraph

Posted March 17th, 2016 in corruption, elections, evidence, fraud, local government, London, news, police by tracey

‘Scotland Yard has dropped its investigation into electoral fraud in Tower Hamlets after finding “insufficient evidence that criminal offences had been committed”. Detectives launched the probe after Lutfur Rahman, the borough’s former mayor, was found guilty of corrupt and illegal practices by a judge following a High Court hearing.’

Full story

Daily Telegraph, 17th March 2016

Source: www.telegraph.co.uk