Implementation – deviation from plans – Local Government Lawyer

Posted March 11th, 2024 in appeals, change of use, housing, judicial review, local government, news, planning by tracey

‘Roderick Morton analyses a recent case which examined, amongst other things, whether a permission can be considered implemented if there is deviation from the approved plans.’

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Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Councils warn of impact of proposed Building Safety Levy on s106 contributions – Local Government Lawyer

Posted March 8th, 2024 in building law, housing, local government, news, repairs by sally

‘The Government’s proposed Building Safety Levy could damage the delivery through section 106 agreements of affordable housing and infrastructure, and leave homeowners and councils footing the bill for building defects.’

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Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Councils call for “realistic and achievable timetable” and allocation of new burdens funding for implementation of Awaab’s Law – Local Government Lawyer

‘The Local Government Association has called on the Government to work with the social housing sector to set a “realistic and achievable timescale” for implementation of Awaab’s Law.’

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Local Government Lawyer, 6th March 2024

Source: www.localgovernmentlawyer.co.uk

New protocol issued on disclosure of information between family and criminal agencies and jurisdictions – Local Government Lawyer

Posted March 6th, 2024 in disclosure, families, family courts, local government, news, police by sally

‘A new Protocol on the disclosure of information between family and criminal agencies and jurisdictions has been launched by the judiciary.’

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Local Government Lawyer, 5th March 2024

Source: www.localgovernmentlawyer.co.uk

Blackhorse Investments (Borough) Limited v The London Borough of Southwark [2024] UKUT 33 (LC) – Tanfield Chambers

‘In October 2021 the leaseholder applied to the Upper Tribunal under section 84(1) / s.84(12) of the Law of Property Act 1925 to modify or discharge covenants in a lease of a pub, of which The London Borough of Southwark (Southwark) was the landlord. Despite substantial prior communications by e-mail, the application was served by hand only at Southwark’s principal offices. It did not come to the attention of the correct department (or anyone). In the result, Southwark did not file a notice of objection, the Tribunal dealt with the matter on the papers and a final order was made without a hearing in the form sought by the leaseholder.’

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Tanfield Chambers, 13th February 2024

Source: www.tanfieldchambers.co.uk

Judge rejects challenge to council declining to conduct EHC assessment – Local Government Lawyer

Posted March 5th, 2024 in local government, news, special educational needs, young persons by tracey

‘The High Court has rejected a challenge against a council’s decision not to undertake an education, health and care (EHC) needs assessment, after the local authority had expressed the view that the claimant was aged approximately 10 years older than his claimed age of 17.’

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Local Government Lawyer, 4th March 2024

Source: www.localgovernmentlawyer.co.uk

Affordability and suitability – getting the numbers right – Nearly Legal

Posted March 4th, 2024 in appeals, families, housing, local government, news by tracey

‘Ake v Lewisham Borough Council (2024) K40CL060 (Central London County Court 4 February 2024). This was a statutory appeal pursuant to section 204 of the Housing Act 1996 (‘the 1996 Act’), against a review decision made by Lewisham Borough Council on 27 February 2023. The issue on appeal was whether the review decision took an unlawful and/or unreasonable approach to the assessment of the affordability of accommodation it had secured for Ms Ake in Bow.’

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Nearly Legal, 3rd March 2024

Source: nearlylegal.co.uk

Police force reprimanded after incorrectly merging records of people with same name and date of birth – Local Government Lawyer

Posted March 4th, 2024 in data protection, local government, news, ombudsmen, police, victims by tracey

‘The Information Commissioner’s Office (ICO) has issued a reprimand to West Midlands Police (WMP) after the force “repeatedly” mixed up two people’s personal information.’

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Local Government Lawyer, 1st March 2024

Source: www.localgovernmentlawyer.co.uk

The Levelling-up and Regeneration Act 2023 – Local Government Lawyer

‘Jo Pickering, Aidan Dickinson, James Mallery-Nelson, Victoria Okafor and Christopher Watkins explore some of the main legislative changes brought in by the Levelling-up and Regeneration Act 2023 which are set to impact the local government and property sector(s).’

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Local Government Lawyer, 29th March 2024

Source: www.localgovernmentlawyer.co.uk

Launch of the Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol – Courts & Tribunals Judiciary

‘The Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol comes into effect on 1 March 2024. It replaces the 2013 Protocol and Good Practice Model: disclosure of information in cases of alleged child abuse and care directions hearings.’

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Courts & Tribunals Judiciary, 1st March 2024

Source: www.judiciary.uk

High Court authorises deprivation of liberty of seven-year-old child in registered children’s home – Local Government Lawyer

‘The High Court has granted a local authority’s application to deprive a seven-year-old boy of his liberty, with directions to use the “minimum degree of force or restraint required”.’

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Local Government Lawyer, 1st March 2024

Source: www.localgovernmentlawyer.co.uk

Out of borough accommodation and the homelessness relief duty – raising issues on review – Nearly Legal

Posted February 26th, 2024 in appeals, homelessness, housing, local government, news by tracey

‘Moge v London Borough of Ealing (2023) EWCA Civ 464. A second appeal to the Court of Appeal from a s.204 appeal. Ms Moge was owed the section 189B Housing Act 1996 relief duty as homeless by LB Ealing. Ealing made an offer of a 24 month private tenancy in Hounslow, a neighbouring borough, in discharge of that duty. Ms M did not accept that offer within 7 days. Ealing then decided that she had refused the offer, that its relief duty was ended and, further, it did not owe the full housing duty under section 193.’

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Nearly Legal, 25th February 2024

Source: nearlylegal.co.uk

UK housebuilders investigated over possible information-sharing – The Guardian

Posted February 26th, 2024 in competition, housing, local government, news, ombudsmen, planning by tracey

‘The UK competition watchdog has opened an investigation into eight housebuilders after evidence they may be sharing commercially sensitive information.’

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The Guardian, 26th February 2024

Source: www.theguardian.com

Exchange of Land – Local Government Lawyer

Posted February 23rd, 2024 in commons, judicial review, local government, news, planning by michael

‘Edward Cousins discusses the enactment of the Commons Act 2006, the introduction of comprehensive systems for the exchange of common land, and recent caselaw.’

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Local Government Lawyer, 23rd February 2024

Source: www.localgovernmentlawyer.co.uk

Court of Protection case law update: February 2024 – Local Government Lawyer

Posted February 23rd, 2024 in Court of Protection, local government, news by michael

‘Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.’

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Local Government Lawyer, 22nd February 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear appeal by Welsh council next week in Japanese knotweed case – Local Government Lawyer

Posted February 21st, 2024 in appeals, damages, housing, local government, news, nuisance, Supreme Court, Wales by sally

‘The Supreme Court will next week hear a council’s appeal of a Court of Appeal judgment which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

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Local Government Lawyer, 20th February 2024

Source: www.localgovernmentlawyer.co.uk

When does a caravan remain a “caravan”? – Local Government Lawyer

Posted February 19th, 2024 in enforcement notices, local government, news, planning by tracey

‘An inspector recently upheld an enforcement notice for a Lake District caravan. Stephanie Bruce-Smith explains why.’

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Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

Use of intermediaries in the Family Court – Local Government Lawyer

‘Louise Thomson analyses a judgment containing valuable guidance on the use of intermediaries in the Family Court.’

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Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

Remediation Orders: What you need to know – Local Government Lawyer

Posted February 19th, 2024 in building law, housing, landlord & tenant, local government, news, repairs by tracey

‘Joe Walker and Helen Arthur explain what a remediation order is and look at two recent cases to see how the First-Tier Tribunal has interpreted the framework for these.’

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Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

ASB and disqualification from the housing register – Nearly Legal

‘Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin). A judicial review of Eastbourne’s allocation policy and of Eastbourne’s decision to exclude Ms Willott from joining the housing register on grounds of “serious anti social behaviour.”’

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Nearly Legal, 18th February 2024

Source: nearlylegal.co.uk