Councils fail in bid to challenge decision over third runway at Heathrow – Local Government Lawyer

Posted January 31st, 2017 in airports, civil procedure rules, local government, news, planning, pollution by sally

‘A High Court judge has rejected a judicial review challenge brought by four local authorities over the Transport Secretary’s decision to back a third runway at Heathrow Airport.’

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Local Government Lawyer, 30th January 2017

Source: www.localgovernmentlawyer.co.uk

Council defeats challenge over decision not to take enforcement action at quarry – Local Government Lawyer

‘Cornwall Council has successfully defended a High Court challenge to its decision not to take enforcement action in respect of unauthorised development at a quarry in the Cornwall Area of Outstanding Natural Beauty.’

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Local Government Lawyer, 27th January 2017

Source: www.localgovernmentlawyer.co.uk

English Heritage faces High Court battle over plans to dig underneath medieval tower to add visitor centre – Daily Telegraph

Posted January 30th, 2017 in judicial review, listed buildings, local government, news, planning by sally

‘English Heritage is facing a High Court battle over plans to dig underneath a medieval tower to add a visitor centre.’

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Daily Telegraph, 28th January 2017

Source: www.telegraph.co.uk

Perception of doors – Nearly Legal

‘The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement works on the estate (some 10 block of flats).’

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Nearly Legal, 29th January 2017

Source: www.nearlylegal.co.uk

Schools relax term time holiday rules as one father’s case goes to the Supreme Court – Daily Telegraph

Posted January 30th, 2017 in appeals, education, fines, holidays, local government, news, school children, Supreme Court by sally

‘Term-time holidays are now being allowed by schools in many parts of the country after councils changed their policy fining parents.’

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Daily Telegraph, 30th January 2017

Source: www.telegraph.co.uk

Hackney LBC v Haque – Arden Chambers

Posted January 27th, 2017 in disabled persons, equality, homelessness, housing, local government, news by sally

‘The Court of Appeal has held that the four-stage approach to considering the public sector equality duty in s.149 Equality Act 2010 in Hotak v Southwark LBC [2015] UKSC 30; [2016] AC 811, is concerned only with vulnerability under s.189(1)(c) Housing Act 1996. In cases concerning suitability of accommodation, a review officer had to show (on a “stand-back” reading of the decision) recognition as to whether a homeless applicant had a disability and whether the accommodation was unsuitable having regard to that disability and its impact on the applicant compared to those without such a disability.’

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Arden Chambers, January 2017

Source: www.ardenchambers.com

Judge rules human rights claim against council out of time – Local Government Lawyer

Posted January 27th, 2017 in disabled persons, human rights, limitations, local government, news by sally

‘A man who claimed Tameside Metropolitan Borough Council breached his human rights cannot pursue his case because of the length of time taken to launch the action, the High Court has ruled.’

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Local Government Lawyer, 26th January 2017

Source: www.localgovernmentlawyer.co.uk

Non-payment of Council Tax – Local Government Law

Posted January 26th, 2017 in appeals, committals, council tax, debts, local government, magistrates, news, regulations by sally

‘In R (Woolcock) v Bridgend MC (2017) EWHC 34 (Admin) Lewis J quashed a suspended committal order, pursuant to Regulation 47 of the Council Tax (Administration and Enforcement) Regulations 1992, because no proper means assessment had been carried out and the suspension period was manifestly excessive.’

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Local Government Law, 23rd January 2017

Source: www.11kbw.com/blogs/local-government-law

Costs and inquiries – homelessness appeals – Nearly Legal

Posted January 26th, 2017 in costs, homelessness, housing, inquiries, local government, news by sally

‘The London Borough of Croydon v Lopes [2017] EWHC 33 (QB). Costs on settled s.204 Housing Act 1996 appeals – the issue that never goes away. The latest instalment also brings with it some rather sharp findings by the Court of Appeal on the extent of inquiries the council should have made.’

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Nearly Legal, 25th January 2017

Source: www.nearlylegal.co.uk

Supreme Court to hear term-time holiday case next week – Local Government Lawyer

Posted January 24th, 2017 in appeals, education, holidays, local government, news, school children, Supreme Court by sally

‘The Supreme Court will next week hold an expedited hearing in the high-profile unauthorised school absence case involving the Isle of Wight Council.’

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Local Government Lawyer, 23rd January 2017

Source: www.localgovernmentlawyer.co.uk

City settles claim over failure to protect woman when in care as child – Local Government Lawyer

Posted January 20th, 2017 in care orders, child abuse, compensation, fostering, local government, news by sally

‘Peterborough City Council has reached an out of court settlement with a woman who accused it of failing to protect her when she was in its care as a child.’

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Local Government Lawyer, 19th January 2017

Source: www.localgovernmentlawyer.co.uk

Property developer ordered to pay £55k over listed building offences – Local Government Lawyer

Posted January 19th, 2017 in construction industry, costs, fines, historic buildings, local government, news by sally

‘A property development business, a director and a site manager have been ordered to pay more than £55,000 between them after removing historic fixtures in every room of a grade-II listed house in Lincoln without consent.’

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Local Government Lawyer, 17th January 2017

Source: www.localgovernmentlawyer.co.uk

What Westminster did next. Sending the homeless to Coventry – Nearly Legal

Posted January 18th, 2017 in homelessness, housing, local government, news by sally

‘As has been reported here and here, Westminster City Council have decided to adopt various new housing policies. In particular, there are new proposed policies on temporary accommodation and permanent accommodation offers for homeless households.’

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Nearly Legal, 16th January 2017

Source: www.nearlylegal.co.uk

Local government: cuts to library provision – Law Society’s Gazette

Posted January 16th, 2017 in budgets, children, documents, equality, libraries, local government, news, volunteers by sally

‘When local authorities plan to reduce, restructure or rationalise library services, litigation often results.’

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Law Society’s Gazette, 16th January 2017

Source: www.lawgazette.co.uk

To me – To you – Nearly Legal

Posted January 16th, 2017 in homelessness, housing, judicial review, landlord & tenant, local government, news by sally

‘A judicial review in which two local authorities fought over which of them was gong to have to owe a housing duty to a homeless applicant. The central issue was whether, in the circumstances, Ealing could refuse a referral under the local connection provisions by RBK&C. However, the finding on ‘same facts’ second homeless applications has much broader application and should be taken note of by everyone.’

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Nearly Legal, 15th January 2017

Source: www.nearlylegal.co.uk

City council wrongly decided child was not in need, High Court judge rules – Local Government Lawyer

Posted January 16th, 2017 in children, housing, judges, judicial review, local government, news by sally

‘Birmingham City Council acted wrongly when it decided that a child was not in need of accommodation in its area because his mother had recently left the London Borough of Bromley.’

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Local Government Lawyer, 13th January 2017

Source: www.localgovernmentlawyer.co.uk

Expect more neighbourhood plan challenges in 2017, says expert, as parish council plan fails examination – OUT-LAW.com

Posted January 9th, 2017 in local government, news, planning by sally

‘An increasing number of neighbourhood plans will fail the independent examination stage in 2017, while those that do proceed to referendum could face additional legal challenges, an expert has predicted.’

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OUT-LAW.com, 5th January 2017

Source: www.out-law.com

City heads to Supreme Court over council tax position where tenant moves out – Local Government Lawyer

Posted January 6th, 2017 in appeals, council tax, landlord & tenant, local government, news, Supreme Court by sally

‘Leeds City Council is to seek permission from the Supreme Court to appeal a key ruling over whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended.’

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Local Government Lawyer, 5th January 2017

source: www.localgovernmentlawyer.co.uk

Police and council pay damages to children kept in care too long – BBC News

Posted December 21st, 2016 in children, damages, families, fostering, local government, news, police by sally

‘Two children who were kept in care for too long have been awarded damages from a police force and council.’

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BBC News, 21st December 2016

Source: www.bbc.co.uk

Children ‘left at risk by government reform delay’ – BBC News

Posted December 16th, 2016 in children, delay, local government, news, select committees, social services by sally

‘Children are being left “at risk of harm” because of the government’s failure to develop “credible” plans to improve child protection, MPs warn.’

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BBC News, 16th December 2016

Source: www.bbc.co.uk