The test for discharging a planning condition – Local Government Lawyer

Posted September 2nd, 2022 in judicial review, local government, news, planning by tracey

‘A local authority recently defeated a judicial review challenge in the High Court in relation to discharging planning conditions. Piers Riley-Smith explains how.’

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Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

Late service of CIL liability notice – Local Government Lawyer

Posted September 2nd, 2022 in local government, news, planning by tracey

‘Christopher Cant analyses the consequences of a delay in issuing and serving a Community Infrastructure Levy (CIL) liability notice when it comes to enforcement.’

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Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal reopens claims on child abuse duty of care – Law Society’s Gazette

‘The Court of Appeal has ruled that negligence claims against local authorities over their duty of care to abused children must be heard in court.’

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Law Society's Gazette, 1st September 2022

Source: www.lawgazette.co.uk

Child protection agencies failed son of drug addict, review finds – The Guardian

‘A severely asthmatic seven-year-old boy who died “gasping for air” alone at night was failed by child protection agencies who “could and should have done better”, a serious case review has found.’

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The Guardian, 1st September 2022

Source: www.theguardian.com

Planning Court rejects judicial review challenge over permission for redevelopment of former brewery site in Brick Lane – Local Government Lawyer

Posted September 1st, 2022 in judicial review, listed buildings, local government, news, planning by sally

‘A Planning Court judge has dismissed a judicial review challenge against the London Borough of Tower Hamlets’ grant of planning permission for redevelopment of part of the site of a former brewery.’

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Local Government Lawyer, 31st August 2022

Source: www.localgovernmentlawyer.co.uk

Construction of sports facility paused following judicial review challenge to council approval – Local Government Lawyer

Posted August 31st, 2022 in judicial review, local government, news, planning, sport by sally

‘The High Court has given the go-ahead for a judicial review challenge over West Berkshire Council’s decision to grant planning permission for the development of a new sports hub in Newbury.’

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Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

Half of all court cases over breach of anti-social behaviour injunction end with defendant imprisoned, new data shows – Local Government Lawyer

“Almost half of all cases concerning civil injunction breaches brought to court by social housing providers and councils since the first lockdown have resulted in a prison sentence, according to a report from the Bureau of Investigative Journalism.”

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Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

Tribunal upholds fixed penalties imposed on HMO landlord for property management failures but reduces amount payable – Local Government Lawyer

Posted August 30th, 2022 in houses in multiple occupation, local government, news, penalties, repairs by tracey

‘A landlord has been ordered to pay £23,000 for failing to maintain two Houses in Multiple Occupation (HMO) after Tendring District Council took action.’

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Local Government Lawyer, 25th August 2022

Source: www.localgovernmentlawyer.co.uk

When Code and RAMS Collide – Local Government Lawyer

‘James Nelson takes a look at the High Court’s decision in Cornerstone Telecommunications Infrastructure Limited v London Borough of Hackney.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Public law children case update: August 2022 – Local Government Lawyer

‘Jaime Turner rounds up the most interesting and relevant public law cases.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Proportionality in adoption cases – Local Government Lawyer

‘Lisa Edmunds summarises four decisions about proportionality in adoption cases and sets out the takeaway points for everyday practice.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Local authority age assessments considered in R (HAM) v Brent LBC – UK Human Rights Blog

Posted August 23rd, 2022 in asylum, children, human rights, immigration, judicial review, local government, news by sally

‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’

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UK Human Rights Blog, 22nd August 2022

Source: ukhumanrightsblog.com

Homelessness – suitability and distance to school – Nearly Legal

Posted August 22nd, 2022 in children, families, homelessness, housing, local government, news, school children by tracey

‘The Queen on the Application of Fokou v London Borough of Southwark (2022) EWHC 1452 (Admin) (not on Bailii, judgment on Westlaw). This was an application for interim relief in judicial review proceedings regarding suitability of accommodation and alleging breach of the Children Act 2004 s.11(2) duty to discharge the Council’s functions in such a way as to safeguard and promote the welfare of children.’

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Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Bullale again – settled accommodation and intentional homelessness – Nearly Legal

Posted August 22nd, 2022 in appeals, homelessness, housing, landlord & tenant, local government, news, repossession by tracey

‘Following the the Court of Appeal judgment in Bullale v City of Westminster Council (2020) EWCA Civ 1587 (our note) quashing Westminster’s review decision, Westminster had another go at a review decision as to whether Ms Bullale was intentionally homeless or not. In fact they had a further two goes. The second review decision went against Ms B, but the following s.204 appeal was compromised and a fresh, third, review decision undertaken. That also went against Ms B, and this is the resulting s.204 appeal judgment.’

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Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Permanent exclusion decisions and disability discrimination claims – Local Government Lawyer

‘The First-tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim, the Upper Tribunal confirmed. Katherine Anderson analyses the judgment.’

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Local Government Lawyer. 19th August 2022

Source: www.localgovernmentlawyer.co.uk

Read, check, repeat: the key to avoiding procurement errors – Local Government Lawyer

Posted August 22nd, 2022 in local government, news, public procurement by tracey

‘Juli Lau and Gonzalo Puertas outline their key takeaways on a procurement judgment from the Technology and Construction Court.’

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Local Government Lawyer. 19th August 2022

Source: www.localgovernmentlawyer.co.uk

The role of CIL liability notices and demand notices – Local Government Lawyer

Posted August 19th, 2022 in local government, news, notification, planning by tracey

‘Christopher Cant reviews the role played by liability and demand notices in the operation of the Community Infrastructure Levy (CIL) regime and analyses two recent court rulings.’

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Local Government Lawyer, 19th August 2022

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal requires council to secure EHCP for student who is hypersensitive to Wi-Fi signals – Local Government Lawyer

‘The Upper Tribunal has ruled that a council must secure special educational provision for a child who has electromagnetic hypersensitivity and is particularly sensitive to Wi-Fi signals.’

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Local Government Lawyer, 17th August 2022

Source: www.localgovernmentlawyer.co.uk

Council reaffirms adoption of development plan document despite judicial review threat – Local Government Lawyer

Posted August 17th, 2022 in housing, judicial review, local government, news, planning by sally

‘Mid Sussex Council has reaffirmed its decision to adopt a development plan document that could see the building of 1700 homes, despite a threat of judicial review by one of its own councillors, who argues the decision was procedurally flawed.’

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Local Government Lawyer, 16th August 2022

Source: www.localgovernmentlawyer.co.uk

Realistic care options without magic wands: CV (A Child) (Placement Order) [2022] EWCA Civ 930 – Becket Chambers

‘This article considers the successful appeal of a first instance case in which a final placement order was made in respect of a young child with complex medical needs.’

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Becket Chambers, 10th August 2022

Source: becket-chambers.co.uk