Taxi driver who showed female passenger explicit link loses licensing appeal – Local Government Lawyer

‘A taxi driver who admitted showing a female passenger a weblink to an explicit website has lost an appeal to drive an East Cambridgeshire District Council licensed taxi or private hire vehicle.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

This site is not available. Try again later. – Local Government Lawyer

Posted March 28th, 2024 in local government, news, planning by tracey

‘At what point does a site cease to be “available” for the purposes of the sequential test? This was the question considered in a recent case, writes Katie Scuoler.’

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Local Government Lawyer, 28th March 2024

Source: www.localgovernmentlawyer.co.uk

Procurement Act 2023 – Relaxation of section 17 Local Government Act 1988 – Local Government Lawyer

Posted March 28th, 2024 in contracting out, contracts, local government, news, public procurement by tracey

‘Louis Sebastian and Rebecca Rees look at the Government’s plans to relax s17 of the Local Government Act 1988, which prohibits consideration of a wide range of “non-commercial matters” in procurement processes.’

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Local Government Lawyer, 28th March 2024

Source: www.localgovernmentlawyer.co.uk

Claimant fails in judicial review over SEND Review consultation and information on available remedies for tribunal in disability discrimination cases – Local Government Lawyer

‘The High Court has rejected a judicial review challenge brought on behalf of a 12-year-old boy with special educational needs to one of the 22 consultation questions contained in the SEND Review, the Government’s consultation Green Paper.’

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Local Government Lawyer, 26th March 2024

Source: www.localgovernmentlawyer.co.uk

Shedding light on solar farm capacity – Local Government Lawyer

Posted March 25th, 2024 in amendments, energy, judicial review, local government, news, planning by tracey

‘Michele Vas analyses the recent Galloway v Durham County Council case which was principally concerned with the issue of whether the planning permission approved a solar farm with a capacity of 50MW or more.’

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Local Government Lawyer, 22nd March 2024

Source: www.localgovernmentlawyer.co.uk

PHV operators and sub-contracting to ‘out of area’ drivers – Local Government Lawyer

Posted March 25th, 2024 in appeals, licensing, local government, news, taxis by tracey

‘Charles Holland examines a recent ruling where conditions restricting the ability to cross-border subcontract were quashed on appeal.’

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Local Government Lawyer, 22nd March 2024

Source: www.localgovernmentlawyer.co.uk

Solar Farm planning permission quashed on efficiency and land take – 39 Essex Chambers

‘The High Court has quashed the planning permission and a non-material amendment, for a solar farm at Burnhope, County Durham.’

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39 Essex Chambers, 26th February 2024

Source: www.39essex.com

Council decision on needs of teenager quashed in High Court after failure to assess “all relevant considerations” – Local Government Lawyer

‘A High Court judge has quashed a council’s decision in relation to the needs of a teenage boy, after it failed to assess “all relevant considerations” having departed from recommendations by the SEND tribunal.’

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Local Government Lawyer, 20th March 2024

Source: www.localgovernmentlawyer.co.uk

Mandatory Biodiversity Net Gain (BNG) Explained and Critiqued – Francis Taylor Building

‘This article sets out how the new mandatory Biodiversity Net Gain (BNG) requirements are to function, but also the missed opportunities that remain present in the legislation. Three points will be made: that the 10% BNG minimum is poor, that the scheme allows for the undoing of increased biodiversity and that there is potential for developers to bypass the hierarchy.’

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Francis Taylor Building, 29th February 2024

Source: www.ftbchambers.co.uk

Retailers who break new smoking ban face on-the-spot fines in UK – The Guardian

‘Powers to issue £100 on-the-spot fines are to be handed to council officers enforcing a landmark law banning future generations from smoking, which Rishi Sunak has hailed as a chance to “save thousands of lives and billions of pounds”.’

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The Guardian, 20th March 2024

Source: www.theguardian.com

West Midlands PCC wins case to stop his powers being given to Tory mayor – The Guardian

‘The police and crime commissioner for the West Midlands has won a high court challenge against government plans to transfer his powers to the region’s mayor.’

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The Guardian, 18th March 2024

Source: www.theguardian.com

Suitability, disability discrimination and dogs – temporary accommodation – Nearly Legal

‘AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin). This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster’s policy of sourcing temporary accommodation, which was claimed to indirectly discriminate against disabled people.’

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Nearly Legal, 17th March 2024

Source: nearlylegal.co.uk

Condition precedents in light of Lancashire Schools v Lendlease – Local Government Lawyer

‘Condition precedents are common in various commercial agreements. Ewan Anthony and David Owens discuss the court’s general approach to considering contractual condition precedents, and whether, particularly after the recent case of Lancashire Schools SPC Phase 2 Limited v Lendlease Construction (Europe) Limited and Others [2024] EWHC 37 (TCC), the court may be prepared to disregard them.’

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Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Vulnerable adults and non-recognition of marriage – Local Government Lawyer

‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’

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Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects distinction between ‘aggressive’ and ‘passive’ begging when it comes to obtaining anti-social behaviour injunctions – Local Government Lawyer

Posted March 18th, 2024 in anti-social behaviour, appeals, ASBOs, injunctions, local government, news by tracey

‘Legislation on anti-social behaviour does not distinguish between aggressive and passive begging in determining whether an offence has been committed, the Court of Appeal has ruled.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge makes care order for teenage boy despite local authority seeking to withdraw its application – Local Government Lawyer

Posted March 15th, 2024 in adoption, care orders, children, families, local government, mental health, news by sally

‘A High Court judge has refused to allow a local authority to withdraw its application for a care order, finding that an order would be in the “best interests” of a teenage boy with complex needs.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Kaylea Titford had no care plan in place when she died, review finds – The Guardian

‘A 16-year-old girl with “significant and chronic disabilities” who died in squalor at her family home in rural mid-Wales did not have a care plan in place, a child practice review into her death has found.’

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The Guardian, 14th March 2024

Source: www.theguardian.com

Court of Protection declares lawfulness of care plan setting out arrangements for termination of woman’s pregnancy – Local Government Lawyer

‘A judge sitting in the Court of Protection has declared that a care plan setting out the arrangements for the termination of a woman’s pregnancy was lawful.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Mayor-PCC merger legal bid: How did we get here? – BBC News

‘An application for a legal review into a plan to merge the roles of West Midlands mayor and police and crime commissioner (PCC) is due to be heard in court.’

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BBC News, 12th March 2024

Source: www.bbc.co.uk

Spotlight on Construction Law – Local Government Lawyer

Posted March 11th, 2024 in building law, construction industry, local government, news by tracey

‘It has been a busy year in the construction industry, write David Owens, Rachel Murray-Smith and Helen Arthur, with some standout legislative changes, including in relation to the Building Safety Act 2022, and the Government issuing a significant paper in respect of behaviours relating to PFI contracts.’

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Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk