Developer ordered to rebuild historic pub after demolishing it without planning permission – Daily Telegraph

Posted July 23rd, 2015 in construction industry, local government, news, planning by sally

‘Udhyam Amin was accused of trying to get planning permission ‘by the back door’ after pulling down the Alchemist pub in Battersea.’

Full story

Daily Telegraph, 23rd July 2015

Source: www.telegraph.co.uk

Country’s worst landlord blames tenants for property convictions – The Guardian

Posted July 23rd, 2015 in landlord & tenant, local government, news, prosecutions, victims by sally

‘A London landlord has been convicted for property offences seven times but believes she is the victim, not her tenants.’

Full story

The Guardian, 23rd July 2015

Source: www.guardian.co.uk

High Court orders ‘unsatisfactory’ public contract award to be set aside – OUT-LAW.com

Posted July 21st, 2015 in contracts, local government, news, public procurement by tracey

‘The procurement process through which an English council awarded a contract for asbestos removal contained “a number of manifest errors” and breaches of equality and transparency requirements, and should therefore be set aside, the High Court has ruled.’

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OUT-LAW.com, 21st July 2015

Source: www.out-law.com

Right-to-buy battle looms in Lords – The Guardian

Posted July 20th, 2015 in bills, budgets, charities, housing, local government, news, parliament, rent, statistics by tracey

‘The Tories’ plan to extend the right to buy to housing association tenants will face stiff opposition in the House of Lords this week, amid growing concern that it will compromise the independence of charities and add hugely to government debt.’

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The Guardian, 18th July 2015

Source: www.guardian.co.uk

Ownership of Sculpture – Local Government Law

Posted July 14th, 2015 in artistic works, local government, news by tracey

‘In Tower Hamlets LBC v Bromley LBC [2015] EWHC 1954 (Ch) the Chancery Division of the High Court was asked to determine the ownership of a Henry Moore sculpture. Tower Hamlets LBC (“TH”) as the successor to the Stepney Borough Council (“SB”), pursuant to the London Government Act 1963 (“the 1963 Act”). Bromley LBC (“Br”) was the successor to the London Residuary Body (“the LRB”). The LRB was the successor to the Greater London Council (“the GLC”) pursuant to the Local Government Act 1985. The GLC was successor to the London County Council (“the LCC”) pursuant to the 1963 Act.’

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Local Government Law, 13th July 2015

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

Regina (Cornwall Council and another) v Secretary of State for Health – WLR Daily

Regina (Cornwall Council and another) v Secretary of State for Health: [2015] UKSC 46; [2015] WLR (D) 298

‘In determining the ordinary residence of an adult, who lacked mental capacity to choose where to live, it was incorrect to apply a test that by reason of such incapacity he was in the same position as a small child and that his ordinary residence was that of his parents because that was his base.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

Council was entitled to refuse disclosure of planning documents, tribunal rules – OUT-LAW.com

‘The First-Tier Tribunal has dismissed an appeal and held that following a freedom of information request Aylesbury Vale District Council was entitled to refuse disclosure of correspondence between its solicitor and the planning department.’

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OUT-LAW.com, 9th July 2015

Source: www.out-law.com

Supreme Court overturns key Court of Appeal decision on ordinary residence – Local Government Lawyer

‘The Supreme Court has rejected a Court of Appeal ruling on who has financial responsibility for the care of an adult with physical and learning disabilities, instead ruling that the local authority initially responsible for meeting his needs as a child should be responsible for his care after the age of 18.’

Full story

Local Government Lawyer, 9th July 2015

Source: www.localgovernmentlawyer.co.uk

Royal Household will fall in sights of £100m child sex abuse inquiry – Daily Telegraph

‘The child sex abuse inquiry is set to last five years and cost up to £100 million, it has been confirmed, as it emerged the Royal Household will not be exempt from scrutiny over paedophile allegations.’

Full story

Daily Telegraph, 9th July 2015

Source: www.telegraph.co.uk

Council loses nine-month legal battle with man who accidentally dropped a piece of orange peel – Daily Telegraph

Posted July 7th, 2015 in fines, litter, local government, news by sally

‘Luke Gutteridge immediately picked the peel up but the council insisted on pursuing the case, costing the taxpayer up to £8,000.’

Full story

Daily Telegraph, 6th July 2015

Source: www.telegraph.co.uk

Budget to propose longer Sunday trading hours – BBC News

Posted July 7th, 2015 in budgets, local government, news, Sunday trading by sally

‘Shops in England and Wales could be allowed to open for longer on Sundays, under plans to be unveiled by Chancellor George Osborne.’

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BBC News, 7th July 2015

Source: www.bbc.co.uk

Council secures lifelong reporting restrictions order in favour of 17-year-old – Local Government Lawyer

‘Birmingham City Council has secured a lifelong reporting restrictions order (RRO) in favour of a 17-year-old woman, AB, who was sexually exploited by ten respondents to the proceedings.’

Full story

Local Government Lawyer, 2nd July 2015

Source: www.localgovernmentlawyer.co.uk

Judge quashes cut in community care provision for man with learning difficulties – Local Government Lawyer

‘A High Court judge has quashed a council’s decision to reduce the community care provision for a 23-year-old man with learning and communication difficulties.’

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Local Government Lawyer, 2nd July 2015

Source: www.localgovernmentlawyer.co.uk

Jails and universities obliged to prevent radicalisation as new act becomes law – The Guardian

‘Local authorities, prisons, NHS trusts, schools, universities and further education institutions will this week be placed under a new statutory duty to prevent extremist radicalisation taking place within their walls.’

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The Guardian, 29th June 2015

Source: www.guardian.co.uk

Tribunal rejects request for correspondence between solicitor and planning officers – Local Government Lawyer

‘The First-Tier Tribunal has ruled that a district council was entitled to refuse to disclose correspondence passing between one of its solicitors and various members of its planning department.’
Full story

Local Government Lawyer, 30th June 2015

Source: www.localgovernmentlawyer.co.uk

High Court judge declares part of housing allocation scheme to be unlawful – Local Government Lawyer

Posted June 26th, 2015 in homelessness, housing, local government, news by sally

‘A High Court judge has declared unlawful a London council’s policy of suspending an unintentionally homeless person’s right to bid for social housing for 12 months.’

Full story

Local Government Lawyer, 24th June 2015

Source: www.localgovernmentlawyer.co.uk

Court of Appeal confirms neighbourhood development plans can make site allocations – OUT-LAW.com

Posted June 26th, 2015 in appeals, consultations, judicial review, local government, news, planning by sally

‘UK legislation relating to neighbourhood planning allows for policies allocating sites for development to be included in neighbourhood development plans (NDPs), the Court of Appeal has confirmed.’

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OUT-LAW.com, 23rd June 2015

Source: www.out-law.com

Westminster again… – Nearly Legal

Posted June 24th, 2015 in homelessness, housing, local government, news by sally

‘In R(Alemi) v Westminster CC [2015] EWHC 1765 (Admin), which has been widely reported already (eg here; and all over my twitter feed), HHJ Blair QC found that Westminster’s allocation scheme was unlawful in disbarring successful homeless applicants (other than a small group) from bidding for social housing in their first 12 months on the list. During that period, Westminster would be seeking to find a suitable private rented sector property.’

Full story

Nearly Legal, 22nd June 2015

Source: www.nearlylegal.co.uk

Judicial review: Judicial Control, Liability and Litigation – Local Government Law

Posted June 23rd, 2015 in judicial review, local government, news, state aids by tracey

‘The Judgment of Green J in R (British Academy of Songwriters, etc) v SoS for BIS [2015] EWHC 1723 (Admin) is very long (106 pages, 318 paragraphs) and its subject matter (creating an exception to copyright based upon personal private use) is far removed from local government. However, it is important on judicial review generally (and on State Aid).’

Full story

Local Government Law, 22nd July 2015

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

Go away! – Nearly Legal

‘A curious case on the effect of a s.198 Housing Act 1996 referral of a homeless applicant to another Authority.’

Full story

Nearly Legal, 21st June 2015

Source: www.nearlylegal.co.uk