District council defeats challenge to listing of pub as asset of community value – Local Government Lawyer

Posted March 11th, 2019 in appeals, assets of community value, fire, local government, news, planning by sally

‘East Hertfordshire District Council has successfully defended its decision to list a currently empty pub as an asset of community value.’

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Local Government Lawyer, 8th March 2019

Source: www.localgovernmentlawyer.co.uk

Mixed fortunes for UK government in planning rulings – OUT-LAW.com

‘The UK government has successfully defended a legal challenge against its decision to adopt a new National Planning Policy Framework (NPPF) in England last year, but guidance contained in that framework concerning ‘fracking’ has been ruled to be unlawful.’

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OUT-LAW.com, 8th March 2019

Source: www.out-law.com

Government issues guidance for local authorities on Homes (Fitness for Human Habitation) Act 2018 – Local Government Lawyer

Posted March 8th, 2019 in housing, local government, news by sally

‘The Ministry for Housing, Communities and Local Government has issued non-statutory guidance and advice to local authorities on the Homes (Fitness for Human Habitation) Act 2018.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Foster carers sue council for negligence over placement of Parsons Green bomber – Local Government Lawyer

‘A couple who fostered an 18 year old man who left a bomb on a Tube train at Parsons Green are to sue Surrey County Council for negligence and breach of their right to family life under the Human Rights Act.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Council wins Upper Tribunal battle over service charge and replacement central heating – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has ruled that the London Borough of Southwark can recover a service charge for work in a leaseholder’s flat after the First Tier Tribunal (FTT) said nothing was payable.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects legal duty for council tax purposes to disclose fact of residence – Local Government Lawyer

‘No legal duty exists that requires a resident to notify a council of their residence at a particular address for council tax purposes, the Court of Appeal has ruled.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Fracking: Government guidance ‘unlawful’ rules High Court – BBC News

‘New government guidance on fracking is unlawful, the High Court has ruled.’

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BBC News, 6th March 2019

Source: www.bbc.co.uk

High Court rejects appeal by cyclist over dismissal of claim following pothole accident – Local Government Lawyer

Posted March 6th, 2019 in appeals, bicycles, local government, news, personal injuries, roads by sally

‘A High Court judge has rejected a claim against a highways authority brought by a cyclist who was injured after she hit a pothole near a roundabout.’

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Local Government Lawyer, 5th Mach 2019

Source: www.localgovernmentlawyer.co.uk

Defective Premises – Panopticon

‘In Rogerson v Bolsover District Council (2019) EWCA Civ 226 the appellant was the tenant of a council house. She suffered injury as the result of an accident. The issue was whether the Council could be liable under Section 4 of the Defective Premises Act 1972. The relevant defect would have been discovered if the Council had implemented a system of regular inspection. Did the Council as landlord have a duty to inspect?’

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Panopticon, 27th February 2019

Source: local-government-law.11kbw.com

Equality Act – Local Government Law

‘McNutt v Transport for London [2019] EWHC 365 (Admin) was an appeal by way of case stated against a decision of Hendon Magistrates Court to find Mr McNutt, guilty of the offence contrary to Section 165(7) of the Equality Act 2010 (“the EA 2010”). It raised an important point of statutory construction in relation to the duty, pursuant to Section 165(1)(a) and Section 165(4)(b) of the EA 2010 on the driver of a taxi which has been hired by or for a disabled person in a wheelchair “not to make any additional charge for doing so”. By Section 165(7), it is a criminal offence to make such an additional charge.’

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Local Government Law, 25th February 2019

Source: local-government-law.11kbw.com

Former taxi driver fined for failing to disclose prior convictions and revocation of licence – Local Government Lawyer

‘A former taxi driver has pleaded guilty to four offences of knowingly or recklessly making a false statement or omitting material in an application to a council’s licensing team.’

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Local Government Lawyer, 20th February 2019

Source: www.localgovernmentlawyer.co.uk

How many reviews? – Nearly Legal

Posted February 15th, 2019 in electricity, homelessness, housing, landlord & tenant, local government, news by sally

‘In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews (especially following the 2017 Act). He also came to the wrong result imho – I wonder if there is an appeal, even if it becomes academic (which it might). Ms B was offered accommodation and sought a review. It was one of those ones where affordability is raised, but, given that one doesn’t know what the bills are going to be for the property at the outset, the reviewer and applicant make approximations. The review went against her, albeit on marginal grounds (and there are various consequential proceedings from that first review and appeal). For the purposes of this application for JR, however, what happened was that Ms B’s actual electricity bill arrived and it was more per week than had originally been estimated. She sought a further review, to which Redbridge did not respond, and which, ultimately, led to these proceedings as Redbridge did not conduct that further review.’

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Nearly Legal, 15th February 2019

Source: nearlylegal.co.uk

Report recommends improvements to English planning appeals – OUT-LAW.com

Posted February 15th, 2019 in appeals, case management, delay, inquiries, local government, news, planning by sally

‘An independent review of the planning appeal process in England and Wales has made 22 recommendations, aimed at halving the time taken for an appeal by June 2020.’

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OUT-LAW.com, 14th February 2019

Source: www.out-law.com

Councils given new powers to block phone boxes being built – Daily Telegraph

Posted February 14th, 2019 in local government, news, planning, telecommunications by sally

‘New phone boxes will be blocked from being built by councils for first time, following a landmark ruling from the High Court.’

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Daily Telegraph, 12th February 2019

Source: www.telegraph.co.uk

Voter ID trials are dangerous. That’s why I’m taking the government to court – The Guardian

Posted February 13th, 2019 in elections, equality, identification, local government, news, pilot schemes, statistics by sally

‘In May, I will be asked to show ID to vote in local elections in Essex. This discriminatory plan risks undermining democracy.’

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The Guardian, 13th February 2019

Source: www.theguardian.com

Jurisdiction: s. 204 appeals – Nearly Legal

‘Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable it to get there.’

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Nearly Legal, 12th February 2019

Source: nearlylegal.co.uk

Council did not do enough to protect young child from harm, Ombudsman finds – Local Government Lawyer

‘A young child was left with life-long injuries after a council missed opportunities to protect him from his mother’s violent partner, a Local Government and Social Care Ombudsman investigation has found.’

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Local Government Lawyer, 8th February 2019

Source: www.localgovernmentlawyer.co.uk

Confidentiality – Panopticon

‘Two recent decisions of the FTT on confidential information are of interest, one under FoIA, the other under the EIR, with a local authority being the public authority in both cases.’

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Panopticon, 7th February 2019

Source: panopticonblog.com

RBS sued by Newham council over the terms of £150m in loans – The Guardian

Posted February 7th, 2019 in banking, interest, loans, local government, news, time limits by sally

‘Newham council is suing Royal Bank of Scotland over the terms of about £150m in complex bank loans, making it the latest UK bank to face a lawsuit over lending terms that critics say piled undue pressure on local services.’

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The Guardian, 6th February 2019

Source: www.theguardian.com

Anti-fracking campaigner loses challenge over refusal by inspector to adjourn – Local Government Lawyer

‘A campaigner against fracking has failed in a High Court claim that a planning inspector’s refusal to adjourn an inquiry was a breach of the rules of natural justice.’

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Local Government Lawyer, 4th February 2019

Source: www.localgovernmentlawyer.co.uk