‘A local authority has won an appeal in the First-Tier Tribunal over an Information Commissioner decision that it should disclose legal advice related to the redevelopment of a town centre.’
Local Government Lawyer, 15th January 2014
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has rejected a judicial review challenge to a local authority’s decision to close a day centre for adults with a learning disability.’
Local Government Lawyer, 13th January 2014
Source: www.localgovernmentlawyer.co.uk
Regina (Evans) v Cornwall Council [2013] EWHC 4109 (Admin); [2013] WLR (D) 510
‘The determination of whether prior approval was required for the development of agricultural buildings under the Town and Country Planning (General Permitted Development) Order 1995 required a summary assessment and the principles relating to applications for planning permission under section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004 were not material considerations for that purpose. Furthermore, the National Planning Policy Framework guidance was inapposite in such cases, and section 66(1) of the Planning (Listing Buildings and Conservation Areas) Act 1990 and the case law thereunder was of no application.’
WLR Daily, 20th December 2014
Source: www.iclr.co.uk
‘The Government’s procedure in deciding which areas to exempt from recently introduced permitted development rights allowing offices to be transformed into homes without planning permission was fair, a High Court judge has decided.’
OUT-LAW.com, 6th January 2014
Source: www.out-law.com
‘If a tenant on a statutory periodic tenancy stops living in the property, but the tenancy is not ended, who is liable for the Council Tax?’
NearlyLegal, 3rd January 2014
Source: www.nearlylegal.co.uk
‘Shah v Croydon LBC [2013] EWHC 3657 (Admin). An appeal by way of case stated from a Magistrates Court decision that a property owned by Mr Shah was an HMO and that Mr S was therefore liable for some 14 months Council Tax. And an illustration of the confusion of the multiple definitions of House in Multiple Occupation floating around.’
Nearly Legal, 19th December 2013
Source: www.nearlylegal.co.uk/blog/
‘An inspector who used housing supply figures from the now revoked East of
England Plan as a reason for refusing an appeal for development in the green
belt in St Albans acted in error, the Court of Appeal has ruled.’
OUT-LAW.com, 16th December 2013
Source: www.out-law.com
‘The Court of Appeal has clarified the operation of a key part of the National Planning Policy Framework in situations where a local authority has yet to produce a local plan.’
Local Government Lawyer, 13th December 2013
Source: www.localgovernmentlawyer.co.uk
‘A s.202 review decision on affordability was at the centre of this second appeal, brought by Birmingham after a s.204 appeal decision went against them. The issue was to what extent the review decision should manifest attention to the statutory guidance (the July 2006 Guidance) on affordability.
NearlyLegal, 15th December 2013
Source: www.nearlylegal.co.uk
‘Although the language of section 45(3) of the Local Government Miscellaneous Provisions Act 1976 made it a mandatory requirement that a local authority should give notice to each parish council in order to pass a resolution, if there was substantial compliance with the statutory provision, the resolution was not invalid.’
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
‘Employers “cannot simply rubber stamp” an occupational health adviser’s opinion that an employee is not disabled, the Court of Appeal has ruled in a case involving a local authority.’
Local Government Lawyer, 11th December 2013
Source: www.localgovernmentlawyer.co.uk
‘The Government will protect land which is subject to certain statutory development orders from applications for registration as a town or village green (TVG), it has confirmed.’
OUT-LAW.com, 12th December 2013
Source: www.out-law.com
‘Sally Gore, barrister of 14 Gray’s Inn Square, in the first of a series of updates for children lawyers and professionals, considers recent developments affecting the decision-making and procedures of local authority children’s services.’
Family Law Week, 11th December 2013
Source: www.familylawweek.co.uk
‘Grandparents of child taken into care by Essex County Council tell of their anguish at not having legal rights to be her guardian.’
Daily Telegraph, 11th December 2013
Source: www.telegraph.co.uk
‘A London borough is thought to have brought the first successful prosecution of a salon owner under the Sunbeds (Regulation) Act 2010 following the failure of a test purchase.’
Local Government Lawyer, 9th December 2013
Source: www.localgovernmentlawyer.co.uk
‘Where a local authority had assessed a child present in their area to be a child in need the power to provide services to that child under section 17(1)(b) of the Children Act 1989 was capable of being exercised outside the area of the local authority and at a time when the child himself was outside their area but still within England and Wales.’
WLR Daily, 6th December 2013
Source: www.iclr.co.uk
Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474
‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
‘A High Court judge has ruled that a council has the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside the council’s borders.’
Local Government Lawyer, 6th December 2013
Source: www.localgovernmentlawyer.co.uk
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