Category: local government

Gliding Club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act – Landmark Chambers

Posted November 20th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘In a judgment handed down yesterday by Mr Justice Swift, Coventry Gliding Club were successful in their judicial review challenge to Harborough District Council’s grant of prior approval for a residential barn conversion next to their airfield. The change of use of the barn to a dwelling is permitted development under Class Q of Part 3 of Schedule 2 to the General Permitted Development Order but this is subject to an application for prior approval under paragraph W of that Schedule.’

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Landmark Chambers, 14th November 2019

Source: www.landmarkchambers.co.uk

Local authorities detect 22% more council tax fraud cases in last year, CIPFA research finds – Local Government Lawyer

Posted November 20th, 2019 in council tax, fraud, local government, news, statistics by sally

‘Local authorities in the UK have detected 22% more cases of council tax fraud compared to last year, research by CIPFA has found.’

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Local Government Lawyer, 19th November 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal over care and placement orders over failure by judge to give adequately reasoned judgment – Local Government Lawyer

Posted November 20th, 2019 in adoption, appeals, care orders, local government, news, placement orders, proportionality, reasons by sally

‘The Court of Appeal has allowed an appeal brought by a great-aunt from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’

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Local Government Lawyer, 19th November 2019

Source: www.localgovernmentlawyer.co.uk

Ripping the heart out of the Nomad Nation – Garden Court Chambers

Posted November 19th, 2019 in consultations, human rights, local government, news, police, travellers, trespass by sally

‘On 5 November 2019 the Home Office announced a consultation Strengthening police powers to tackle unauthorised encampments. This consultation follows an earlier consultation issued by the Ministry of Housing, Communities and Local Government (MHCLG) in April 2018 on the effectiveness of enforcement against unauthorised developments and encampments (see the MHCLG report in February 2019 following the consultation).’

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Garden Court Chambers, 18th November 2019

Source: www.gardencourtchambers.co.uk

Gliding club win legal challenge over prior approval for barn conversion – Local Government Lawyer

Posted November 19th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.’

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Local Government Lawyer, 18th November 2019

Source: www.localgovernmentlawyer.co.uk

London council to take battle over borough-wide injunction and camping on open spaces to Court of Appeal next month – Local Government Lawyer

Posted November 19th, 2019 in appeals, injunctions, local government, news, travellers by sally

‘The Court of Appeal will next month (3 December) hear an appeal by Bromley Council over the High Court’s refusal to extend an interim injunction prohibiting camping on 171 open spaces and car parks in the borough.’

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Local Government Lawyer, 18th November 2019

Source: www.localgovernmentlawyer.co.uk

Information watchdog updates guidance for data controllers on protecting ‘special category data’ – Local Government Lawyer

Posted November 18th, 2019 in codes of practice, data protection, local government, news, ombudsmen, privacy by sally

‘The ICO has issued updated guidance on special category data, to which data controllers must give extra protection under the GDPR.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule next week on community benefit fund donations and material considerations for granting planning permissions – Local Government Lawyer

Posted November 18th, 2019 in appeals, energy, local government, news, planning, Supreme Court by sally

‘The Supreme Court will next week (20 November) hand down an imporrtant ruling on whether a council was entitled to take into account as a material consideration, when granting planning permission, the offer of a community benefit fund donation.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Solicitor and ex-councillor jailed for housing fraud – Legal Futures

Posted November 18th, 2019 in disclosure, fraud, housing, local government, news, sentencing, solicitors by sally

‘A solicitor and former East London councillor was jailed for 16 months after pleading guilty to two counts of housing fraud.’

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Legal Futures, 18th November 2019

Source: www.legalfutures.co.uk

Judge allows inter-country adoption to proceed despite failure to comply with pre-adoption requirements – Local Government Lawyer

Posted November 15th, 2019 in adoption, children, delay, families, immigration, jurisdiction, local government, news, visas by tracey

‘An application for an inter-country adoption should not fail because of inconsequential errors made by the intending adopter, a High Court Family Division judge has ruled.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal orders “unprecedented” second retrial in care proceedings following death of 10-year-old girl – Local Government Lawyer

Posted November 15th, 2019 in appeals, care orders, causing death of children or vulnerable adults, cautions, child abuse, children, families, inquests, local government, news, police, retrials by tracey

‘The Court of Appeal has ordered a second retrial in care proceedings relating to five siblings following the death of a ten-year-old girl in 2016, describing the judgment from the first retrial as“wrong and procedurally unjust”.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Council failed to consider impact of proposed retail development on local post office, High Court finds – Local Government Lawyer

Posted November 14th, 2019 in judicial review, local government, news, planning, postal service by tracey

‘Dacorum Borough Council should have considered the impact of a small retail development on the viability of a local Post Office when it granted planning permission, the High Court has ruled.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

Council vows to defend legal challenge over grant of permission for mixed-use scheme including football stadium – Local Government Lawyer

Posted November 13th, 2019 in local government, news, planning, sport by sally

‘Luton Borough Council has said it will “vigorously defend” a legal challenge brought by a property investment company over the local authority’s decision to grant planning permission for a mixed-use gateway scheme that would help delivery of a new 23,000-seater stadium for Luton Town Football Club.’

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Local Government Lawyer, 12th November 2019

Source: www.localgovernmentlawyer.co.uk

Homelessness: High Court Challenge Against ‘Begging Fines’ Granted – Rights Info

Posted November 11th, 2019 in fines, homelessness, human rights, local government, news, public spaces protection orders by sally

‘Human rights campaigners have launched a landmark legal bid to determine whether homeless people are being “criminalised” by fines against begging and leaving bedding in doorways.’

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Rights Info, 8th November 2019

Source: rightsinfo.org

Supreme Court to hear dispute over Local Government Pension Scheme and ethical disinvestment – Local Government Lawyer

Posted November 11th, 2019 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘The Supreme Court will next week consider whether parts of the Communities Secretary’s guidance on the investment of Local Government Pensions Schemes relating to UK foreign and defence policy were for an unauthorised purpose.’

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Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Assorted – Licensing and prior offences, RROs and Section 8 Notices – Nearly Legal

Posted November 11th, 2019 in appeals, criminal records, housing, landlord & tenant, licensing, local government, news, rent by sally

‘This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act 1974 in deciding whether an applicant for a Housing Act 2004 licence was a ‘fit and proper person’.’

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Nearly Legal, 10th November 2019

Source: nearlylegal.co.uk

Trustees of Sikh Temple charity fail in High Court challenge to traffic management order – Local Government Lawyer

Posted November 11th, 2019 in charities, consultations, equality, local government, news, road traffic, Sikhism by sally

‘A High Court judge has rejected a legal challenge brought over the Royal Borough of Kensington & Chelsea’s decision to make a traffic management order imposing additional parking restrictions in an area with a Sikh Temple.’

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Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Behind the curtain – Local Government Lawyer

Posted November 8th, 2019 in consultations, elections, government departments, local government, news by tracey

‘As the general election kicks off, James Goudie QC highlights a 2017 High Court ruling on the status of “purdah” and the business that can and cannot be conducted while it applies.’

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Local Government Lawyer, 8th November 2019

Source: www.localgovernmentlawyer.co.uk

Discrimination in ‘one succession’ for secure tenancies – Nearly Legal

Posted November 7th, 2019 in appeals, bereavement, children, divorce, equality, housing, landlord & tenant, local government, news, women by tracey

‘Simawi v London Borough of Haringey (2019) EWCA Civ 1770. We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985 succession rules between a person who became a sole tenant on the death of a former tenant as opposed to a person who became a sole tenant upon judicial assignment of the tenancy in a divorce (pre Localism Act amendments). In short, survivorship on a joint tenancy, or succession of spouse/partner on death of sole tenant counts as a succession, while an assignment of tenancy by court order under section 24 of the Matrimonial Causes Act 1973 on divorce does not. Mr S was the child of a spouse who succeeded by survivorship.’

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Nearly Legal, 3rd November 2019

Source: nearlylegal.co.uk

Greater Manchester woman given suspended jail sentence over attempted £37k Right to Buy fraud – Local Government Lawyer

Posted November 6th, 2019 in fraud, housing, local government, news, right to buy, sentencing, suspended sentences by sally

‘A woman from Greater Manchester who made a fraudulent Right to Buy application has been given a suspended jail sentence.’

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Local Government Lawyer, 5th November 2019

Source: www.localgovernmentlawyer.co.uk