High Court judge quashes planning permission for apparent bias, finds monitoring officer “went wrong in law” – Local Government Lawyer

Posted November 11th, 2022 in bias, codes of practice, local government, news, planning by tracey

‘A High Court judge has quashed a district council’s grant of planning permission for the erection of five self-contained buildings to store and facilitate construction of carnival floats, after finding that the permission was vitiated by apparent bias on the part of two councillors.’

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Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

Safeguarding children with disabilities in residential settings – Family Law

‘A national review into safeguarding children with disabilities and complex health needs has revealed serious failures at residential special schools registered as children’s homes.’

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Family Law, 4th November 2022

Source: www.familylaw.co.uk

Councils in court over hotels housing asylum seekers – BBC News

Posted November 10th, 2022 in asylum, change of use, hotels, injunctions, local government, news, planning by sally

‘Lawyers for two councils have urged the High Court to block the Home Office’s contractors from using large hotels to house asylum seekers, claiming the schemes break planning laws and harm communities.’

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BBC News, 9th November 2022

Source: www.bbc.co.uk

Government planning definition of “gypsies and travellers” unlawfully discriminatory, Court of Appeal rules – Local Government Lawyer

‘A decision on a planning application made by settled Travellers by North West Leicestershire District Council and the Secretary of State for Levelling Up, Housing & Communities has been quashed by the Court of Appeal.’

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Local Government Lawyer, 9th November 2022

Source: www.localgovernmentlawyer.co.uk

Slough woman unable to access upstairs because of council grant delay, Ombudsman finds – Local Government Lawyer

Posted November 7th, 2022 in compensation, delay, disabled persons, housing, local government, news, ombudsmen by tracey

‘A disabled woman had to sleep, eat and wash in her downstairs living room because Slough Borough Council took too long to decide whether she can have a stairlift, an investigation by the Local Government and Social Care Ombudsman has revealed.’

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Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Council pays £55,000 and makes an apology to survivor of abuse in children’s home – Local Government Lawyer

‘Essex County Council has personally apologised to a man and agreed to pay him £55,000 in compensation following a civil compensation claim over sexual abuse he suffered as a child while in the council’s care.’

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Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Call for planning permission variations reform after Hillside ruling – OUT-LAW.com

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by tracey

‘Planning law in England should be updated to avoid a situation where the original planning permission granted to a site is invalidated by departures from the original approved plans because subsequent planning permissions granted for development within that site have made compliance with the original scheme physically impossible, an expert has said.’

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OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

A challenge of planning judgment – Local Government Lawyer

Posted November 4th, 2022 in environmental protection, local government, news, planning by tracey

‘The High Court decision in dismissing a challenge against the grant of permission for development in an Area of Outstanding Natural Beauty (AONB) has helpfully underlined hurdles to interfering with the merits of controversial decisions, writes Megan Forbes.’

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Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Age assessment and social media evidence – Local Government Lawyer

Posted November 4th, 2022 in asylum, children, disclosure, immigration, internet, local government, news, young persons by tracey

‘The Upper Tribunal has provided guidance on social media evidence in age assessment cases. Donnchadh Greene examines its ruling.’

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Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Developer loses Supreme Court battle over implementation of successive planning permissions – Local Government Lawyer

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court by tracey

‘The Supreme Court has unanimously dismissed an appeal by a developer in a dispute with a national park authority over the implementation of successive planning permissions.’

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Local Government Lawyer, 3rd November 2022

Source: www.localgovernmentlawyer.co.uk

Disabled Slough woman wins case after stairlift wait – BBC News

Posted November 3rd, 2022 in compensation, delay, disabled persons, local government, news, ombudsmen by sally

‘A disabled woman has won damages after her local authority took almost a year to decide on an application for a stairlift in her home.’

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BBC News, 3rd November 2022

Source: www.bbc.co.uk

Court of Appeal rules on power to prosecute consumer offences outside local authority area – Local Government Lawyer

Posted November 2nd, 2022 in appeals, local government, news, prosecutions, statutory interpretation by sally

‘The Court of Appeal has handed down a key ruling in conjoined appeals on the power of a local authority to prosecute consumer offences outside its area.’

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Local Government Lawyer, 1st November 2022

Source: www.localgovernmentlawyer.co.uk

Failure to comply with PD57AC — it can be costly! – Local Government Lawyer

Posted October 28th, 2022 in costs, drafting, indemnities, local government, news, practice directions, witnesses by tracey

‘Amba Griffin-Booth examines the lessons to be learned from a recent case concerning compliance with PD57AC.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk

Hoarding and mental capacity – Local Government Lawyer

Posted October 28th, 2022 in Court of Protection, local government, mental health, news by tracey

‘A recent Court of Protection ruling is important reading for the wide range of practitioners dealing with hoarding cases, write Julia Jones and Kate Hicks.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk

The King (on the application of the Good Law Project Limited) v The Secretary of State for Health and Social Care v Abingdon Health Plc [2022] EWHC 2468 (TCC) – Part Two: Procurement principles – Local Government Lawyer

‘In the second in a two-part series on a recent procurement challenge brought by the Good Law Project, Juli Lau looks at the procurement principles considered by the court.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk

How final is a final certificate? – Practical Law: Construction Blog

Posted October 28th, 2022 in appeals, construction industry, contracts, judgments, local government, news by tracey

‘At the end of last year, Jonathan discussed the Court of Session’s judgment in D McLaughlin & Sons Ltd v East Ayrshire Council, where Lord Clark looked at the conclusiveness of a final certificate under a Scottish Standard Building Contract with Quantities, 2011 Edition (SSBC, 2011 Edition). That case has popped up in the law reports again, this time in the Inner House (also called D McLaughlin & Sons Ltd v East Ayrshire Council), where three lords (Carloway, Woolman and Malcolm) have considered the Council’s appeal against Lord Clark’s judgment. In a rare occurrence these days, that judgment split the house.’

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Practical Law: Construction Blog , 26th October 2022

Source: constructionblog.practicallaw.com

Council to pay £10k after Ombudsman investigation finds visually impaired woman left without support – Local Government Lawyer

Posted October 26th, 2022 in compensation, duty of care, local government, news, ombudsmen by sally

‘An investigation by the Local Government and Social Care Ombudsman has found that Leicestershire County Council left a visually impaired woman without the day-to-day support she needed for 21 months.’

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Local Government Lawyer, 25th October 2022

Source: www.localgovernmentlawyer.co.uk

HMOs, overcrowding standards and reasonableness of accommodation – Nearly Legal

‘A Court of Appeal decision which has broader significance for considering overcrowding and whether it is reasonable for a homeless applicant to remain in accommodation in an HMO with shared facilities. It also flags some arguments for the future by failing to decide what overcrowding standards should be applied to HMOs.’

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Nearly Legal, 24th October 2022

Source: nearlylegal.co.uk

High Court judge approves unregistered placement for teenage girl with “nowhere else to go” – Local Government Lawyer

‘A Family Division judge has directed that a teenage girl at risk of suicide should be moved from hospital to a placement even though the latter is unregistered and the provider could be at risk of legal action by Ofsted.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Requirements for private sector offers in discharge of duty – Nearly Legal

Posted October 24th, 2022 in appeals, homelessness, housing, local government, news, statutory duty by sally

‘A second appeal from a section 204 appeal of Haringey’s decision to discharge homeless duty following a private rented sector offer (PRSO).’

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Nearly Legal, 23rd October 2022

Source: nearlylegal.co.uk