Robert Thomas: Local Government Devolution in England – UK Constitutional Law Association

‘At last, devolution is happening in England, but there are some areas of concern especially as regards the lack of public engagement and the legal framework.’

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UK Constitutional Law Association, 2nd March 2016

Source: www.ukconstitutionallaw.org

Court of Appeal throws out solar farm challenge brought 14 months after planning permission was granted – OUT-LAW.com

‘A High Court judge should not have overturned planning permission granted to a solar farm in Wiltshire in response to a legal challenge brought 11 months after the three-month limitation period then in force had expired, the Court of Appeal has ruled.’

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OUT-LAW.com, 1st March 2016

Source: www.out-law.com

Scenes from a disaster – Nearly Legal

Posted March 1st, 2016 in homelessness, housing, local government, news, select committees by sally

‘The Commons Communities and Local Government Select Committee has begun an enquiry into homelessness. The written submissions from Councils, charities, campaigners, professional organisations and others are a stark illustration of a homeless system that is, at least in some areas, in complete crisis – overwhelmed, unable to cope with rapidly rising demand, let alone provide suitable accommodation.’

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Nearly Legal, 29th February 2016

Source: www.nearlylegal.co.uk

Father of Poppi Worthington given £117,000 legal aid for custody battle over her siblings – Daily Telegraph

‘Paul Worthington awarded £87,318 for counsel payments and £29,450 for solicitors’ fees to fight against the proceedings.’

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Daily Telegraph, 28th February 2016

Source: www.telegraph.co.uk

Rotherham trial victim claims she was raped by town councillor – The Guardian

Posted February 29th, 2016 in child abuse, local government, news, rape, sexual grooming, sexual offences by sally

‘A victim in the Rotherham grooming trial has claimed she was raped by a town councillor.’

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The Guardian, 26th February 2016

Source: www.guardian.co.uk

Disabled people challenge bedroom tax at supreme court – The Guardian

‘The supreme court is to hear a legal challenge against the government’s bedroom tax from five people who argue it discriminates against the weak and vulnerable.’

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The Guardian, 29th February 2016

Source: www.guardian.co.uk

Rotherham child abuse trial: four men and two women found guilty – The Guardian

‘Six men and women were found guilty of offences relating to the sexual exploitation of teenage girls in Rotherham, as it emerged that the conduct of more than 50 officers from South Yorkshire who had dealt with the victims is now under investigation.’

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The Guardian, 24th February 2016

Source: www.guardian.co.uk

Planning inspector was entitled to accept developer’s housing figures over local plan numbers, High Court rules – OUT-LAW.com

Posted February 24th, 2016 in housing, local government, news, planning by sally

‘The High Court has ruled that a planning inspector was not wrong to find that the housing supply figures in a council’s local plan were out of date and to accept alternative figures put forward by a developer as the basis for calculating the housing supply position for the purposes of a planning appeal.’

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OUT-LAW.com, 23rd February 2016

Source: www.out-law.com

Leeds City Council v Waco UK Ltd [2015] EWHC 1400 (TCC) – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, estoppel, local government, news, remuneration, time limits by sally

‘The TCC had to determine whether an interim payment application made 6 days before the specified contractual date was rendered invalid for being too early. The key issue was whether it was possible that consistent failures to adhere to the contractual payment provisions would create an estoppel which would prevent an out of time payment application from being found invalid. Although Edwards-Stuart J found that it was arguable there was an estoppel for applications made a few days after the contractual date, there was no such estoppel for applications made early and so the application was found to be invalid.’

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Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

Sex offender refuses to resign from council – The Guardian

‘Government rules preventing councillors from being sacked if they commit a crime are being reviewed after a parish councillor convicted of child pornography offences refused to resign.’

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The Guardian, 22nd February 2016

Source: www.guardian.co.uk

Plans put forward to integrate HB Public Law and Buckinghamshire legal teams – Local Government Lawyer

Posted February 22nd, 2016 in legal services, local government, mergers, news by sally

‘One of the largest local authority shared legal services could be created later this year if the proposed integration of HB Public Law and the legal services department at Buckinghamshire County Council goes ahead.’

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Local Government Lawyer, 19th February 2016

Source: www.localgovernmentlawyer.co.uk

Relax Sunday trading laws to help shops, MPs say – BBC News

Posted February 22nd, 2016 in local government, news, Sunday trading by sally

‘Rules on Sunday opening hours for shops in England and Wales are out of date and need to be relaxed, a group of 200 MPs and council leaders has said.’

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BBC News, 21st February 2016

Source: www.bbc.co.uk

Ombudsman criticises council for lack of transparency in planning decision – Local Government Lawyer

Posted February 19th, 2016 in local government, news, ombudsmen, planning, reasons by sally

‘The Local Government Ombudsman has criticised a council after members of its planning committee approved an application against an officer’s recommendation but failed to give reasons for doing so.’

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Local Government Lawyer, 18th February 2016

Source: www.localgovernmentlawyer.co.uk

District council wins Planning Court appeal over permission for 103-dwelling scheme – Local Government Lawyer

Posted February 19th, 2016 in environmental protection, local government, news, planning by sally

‘A district council has won a Planning Court appeal after an inspector granted outline permission for a 103-dwelling development.’

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Local Government Lawyer, 18th February 2016

Source: www.localgovernmentlawyer.co.uk

UK government considers allowing increased planning fees where councils perform well – OUT-LAW.com

Posted February 18th, 2016 in fees, local government, news, planning by sally

‘Communities secretary Greg Clark has announced that he will consult on whether to reward good performance by certain council planning teams with the opportunity to increase their planning application fees.’

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OUT-LAW.com, 16th February 2016

Source: www.out-law.com

Ministers seek to stop procurement boycotts through new guidance – Local Government Lawyer

‘Public procurement should never be used as a tool to boycott tenders from suppliers based in other countries, “except where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government”, ministers have said in new guidance.’

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Local Government Lawyer, 17 February 2016

Source: www.localgovernmentlawyer.co.uk

New planning guidance emphasises importance of housing evidence to neighbourhood planning – OUT-LAW.com

Posted February 17th, 2016 in codes of practice, evidence, housing, local government, news, planning by michael

‘New paragraphs were added to the UK government’s National Planning Practice Guidance (NPPG) last week clarifying that, in areas with a neighbourhood plan in place but without a five year supply of deliverable housing sites, neighbourhood plan policies relating to housing should not be considered up-to-date.’

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OUT-LAW.com, 16 February 2016

Source: www.out-law.com

Failing on systematic failings – Nearly Legal

Posted February 15th, 2016 in homelessness, housing, judicial review, local government, news, statutory duty by sally

‘This was a quite extraordinary judicial review (or rather four joined judicial review claims with another 16 cases put in evidence in support) in which what was in the end at stake was not any remedy for the individual claimants – it was agreed that their individual issues had been remedied and the claims were academic on that basis – but whether there were systemic failings in Birmingham’s handling of homeless applications such that Birmingham:

generally, discourage and divert applications so that individuals are denied their statutory rights to have their situation properly inquired into and be given interim accommodation whilst those inquiries are being made.’

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Nearly Legal, 14th February 2016

Source: www.nearlylegal.co.uk

New legal right for shop workers to refuse longer work hours on Sundays – Daily Telegraph

‘Ministers are changing legislation to give councils the power to extend trading hours in their local areas’

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Daily Telegraph, 13th February 2016

Source: www.telegraph.co.uk

Court upholds 5-year ASBO preventing harassment of local authority employees – Local Government Lawyer

Posted February 12th, 2016 in ASBOs, harassment, local government, news, standard of proof by sally

‘The Administrative Court has upheld an anti-social behaviour order prohibiting a man from engaging in any behavior likely to cause harassment, alarm or distress to any of a local authority’s employees for five years.’

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Local Government Lawyer, 11th February 2016

Source: www.localgovernmentlawyer.co.uk