Category: local government

Permitted Development (2) – the relationship to restrictive covenants – Exchange Chambers

Posted February 17th, 2020 in chambers articles, change of use, housing, landlord & tenant, local government, news, planning, restrictive covenants, tribunals by sally

‘The provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 which permit changes of use from office to residential have been controversial, particularly in parts of the south of England where many local authorities fear the effects upon the supply of office accommodation in their areas. As a result, a number of authorities have exercised the powers in Article 4 of the Order to withdraw the rights from parts of their areas. A recent case in the Upper Tribunal (Lands Chamber) illustrates the issues involved where a Council adopts a different approach by attempting to rely on its rights as landlord to enforce leasehold restrictive covenants to prevent the implementation of a change of use proposal.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Permitted Development (1) – payphone kiosks and advertisements – Exchange Chambers

Posted February 17th, 2020 in advertising, appeals, chambers articles, local government, news, planning, telecommunications by sally

‘Under Part 16 Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 development consisting of the installation, alteration or replacement of any electronic communications apparatus is permitted development, subject to a requirement for prior approval.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Beauty, Trees and Zoning – Exchange Chambers

Posted February 14th, 2020 in brexit, chambers articles, climate change, environmental protection, housing, local government, news, planning by sally

‘As the United Kingdom begins to plot a new course outside the European Union, 2020 has begun with a flurry of reports (doubtless with one eye on the forthcoming Planning White Paper in England) recommending changes to planning law and land use policies, whether in the interests of economic development, more beautiful places, nature conservation or combatting climate change.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

The Power to Amend a Proposals Map – to correct a manifest error – Exchange Chambers

Posted February 14th, 2020 in chambers articles, environmental protection, local government, news, planning by sally

‘Part 1 of the Vale of White Horse Local Plan was adopted in December 2016 and showed some land in North Hinksey Village as within the Oxford Green Belt. When the plan was being prepared, the Council had proposed to remove the land from the Green Belt but the proposal (along with others) was not supported by the Local Plan Inspector and the Council published modifications to the draft plan intended to give effect to the Inspector’s recommendations. The plan was adopted with the modifications but by mistake the Proposals Map showed the land as within the settlement boundary of North Hinksey and thereby not within the Green Belt. The mistake was, apparently, a simple administrative error.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

The Use (and Abuse) of Section 73 – Exchange Chambers

Posted February 14th, 2020 in appeals, chambers articles, energy, jurisdiction, local government, news, planning by sally

‘The procedure in Section 73 of the Town and Country Planning Act 1990 permits a developer to apply for planning permission to carry out development already authorised by an extant planning permission without complying with one or more of the conditions of that permission.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Re W – a successful appeal against a placement and care order (and a costs order against the LA) – Transparency Project

Posted February 14th, 2020 in adoption, appeals, care orders, children, costs, families, fostering, local government, news by sally

‘The appellant is the great-aunt of J, a child who was the focus of care proceedings that began in 2017. J’s mother accepted early on that she could not care for him and the proceedings focused on assessment of his great-aunt instead. Throughout the care proceedings the great-aunt was unrepresented (and for most of it, not a party). She is a formidable woman.’

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Transparency Project, 13th February 2020

Source: www.transparencyproject.org.uk

Fly-tipping: Organised crime behind large rise – BBC News

Posted February 13th, 2020 in gangs, local government, news, penalties, waste by sally

‘Organised criminal gangs are being blamed for the continued rise of large fly-tipping incidents across England.’

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BBC News, 13th February 2020

Source: www.bbc.co.uk

Government ‘to ban’ placing children in unregulated homes – BBC News

Posted February 12th, 2020 in care homes, care orders, children, consultations, duty of care, fostering, local government, news, regulations, standards by sally

‘The government is set to ban the placement of children in care under the age of 16 in unregulated homes in England, following a BBC investigation.’

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BBC News, 12th February 2020

Source: www.bbc.co.uk

High Court rejects challenge over decision that development at Stansted Airport was not a nationally significant infrastructure project – Local Government Lawyer

Posted February 11th, 2020 in airports, judicial review, local government, news, planning by sally

‘A Planning Court judge has dismissed a judicial review challenge over the Secretary of State for Transport’s decision to decline to accept that development proposed in a planning application for Stansted Airport was a nationally significant infrastructure project.’

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Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk

Standards committee backs AI “regulatory assurance body” – Legal Futures

Posted February 11th, 2020 in artificial intelligence, government departments, local government, news by sally

‘A body that identifies gaps in the regulatory landscape on the use of artificial intelligence (AI) and advises individual regulators is needed as the technology develops, the government has been told.’

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Legal Futures, 11th February 2020

Source: www.legalfutures.co.uk

Standards watchdog calls for guidance on governance and coherent regulatory framework for those in public sector using AI – Local Government Lawyer

Posted February 11th, 2020 in artificial intelligence, local government, news, reports, standards by sally

‘The government needs to identify and embed authoritative ethical principles and issue accessible guidance on AI governance to those using it in the public sector, the Committee on Standards in Public Life has said.’

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Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal orders council to pay £12k costs contribution after great-aunt wins appeal over care and placement orders – Local Government Lawyer

Posted February 11th, 2020 in care orders, costs, local government, news, placement orders by sally

‘The Court of Appeal has ordered a local authority to make a contribution of £12,000 towards the costs of a great-aunt who won an appeal from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’

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Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk

Extending prior-approval time limits by agreement – Local Government Lawyer

Posted February 7th, 2020 in local government, news, planning, time limits by sally

‘The High Court has ruled that prior-approval time limits can be extended by agreement. Charles Streeten explains why.’

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Local Government Lawyer, 7th February 2020

Source: www.localgovernmentlawyer.co.uk

Green Space borough-wide preventative injunctions: the view from the Court of Appeal – Local Government Lawyer

Posted February 7th, 2020 in appeals, environmental protection, equality, human rights, injunctions, local government, news, travellers, waste by sally

‘Steven Woolf examines the Court of Appeal’s recent decision and guidance on Green Space borough-wide preventative injunctions.’

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Local Government Lawyer, 7th February 2020

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (Samuel Smith Old Brewery (Tadcaster) & Ors) v North Yorkshire County Council [2020] UKSC 3 – UKSC Blog

Posted February 6th, 2020 in environmental protection, local government, news, planning, Supreme Court by sally

‘This issue in this appeal was whether the local planning authority, properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt, as expressed in the National Planning Policy Framework.’

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UKSC Blog, 5th February 2020

Source: ukscblog.com

Statutory incompatibility following historic NHS win in Supreme Court – Exchange Chambers

Posted February 6th, 2020 in commons, land registration, local government, news, Supreme Court by sally

‘Bill Hanbury, Head of the Property Department at Exchange Chambers, explains the importance of the recent Supreme Court decision in R (on the application of Lancashire County Council) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs and another (Respondents) and R (on the application of NHS Property Services Ltd) (Appellant) v Surrey County Council and another (Respondents) [2019] UKSC 58. In this article, he explains why it is important to those clients who are public bodies facing hostile town and village green (TVG) applications.’

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Exchange Chambers, 28th January 2020

Source: www.exchangechambers.co.uk

Supreme Court to rule on National Planning Policy Framework and preserving openness of the Green Belt – Local Government Lawyer

Posted February 3rd, 2020 in appeals, environmental protection, judicial review, local government, miners, news, planning, Supreme Court by sally

‘The Supreme Court will next week hand down its ruling on whether a county council misapplied a key provision in the National Planning Policy Framework on the preservation of “the openness of the Green Belt”.’

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Local Government Lawyer, 31st January 2020

Source: www.localgovernmentlawyer.co.uk

Planning consent and community benefits – Law Society’s Gazette

Posted February 3rd, 2020 in agriculture, appeals, energy, environmental protection, local government, news, planning, Supreme Court by sally

‘Wind turbines can evoke strong feelings. To some they are vital and eye-catching sources of renewable energy. To others they are simply bird- and insect-destroying eyesores. But in granting planning consent, can a local authority have regard to a proposed annual donation to a local community fund? Would this be a material planning consideration? No, said the Supreme Court on 20 November in R (Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council [2019] UKSC 53. Lord Sales gave the judgment with which Lady Hale, Lord Reed, Lord Lloyd-Jones and Lord Thomas agreed.’

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Law Society's Gazette, 3rd January 2020

Source: www.lawgazette.co.uk

Applicant wins Court of Appeal battle over whether difficulty finding legal advisers was “good reason” for delay in homelessness appeal – Local Government Lawyer

Posted February 3rd, 2020 in appeals, delay, homelessness, housing, legal aid, legal representation, local government, news, time limits by sally

‘The Court of Appeal has overturned a High Court ruling that the fact a homeless applicant was unrepresented and seeking legal aid was not a “good reason” for delay in bringing an appeal under s.204 of the Housing Act 1996 against an adverse review decision under the homelessness provisions of that Act.’

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Local Government Lawyer, 31st January 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal sets out principles for deciding whether father or relative should be informed of existence of child who might be adopted – Local Government Lawyer

Posted January 30th, 2020 in adoption, local government, news, notification, paternity by sally

‘The Court of Appeal has set out the principles governing decisions – whether by local authorities as adoption agencies or by the court – as to whether a putative father or a relative should be informed of the existence of a child who might be adopted.’

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Local Government Lawyer, 29th January 2020

Source: www.localgovernmentlawyer.co.uk