Borough council secures guilty pleas for plying for hire during Cheltenham Festival – Local Government Lawyer

Posted December 4th, 2019 in guilty pleas, insurance, licensing, local government, news, prosecutions, taxis by sally

‘Cheltenham Borough Council has successfully prosecuted five drivers for unlawfully plying for hire during Cheltenham Festival 2019.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Councils and housing associations “face multi-million pound refunds to tenants after water re-selling test case in High Court – Local Government Lawyer

‘Local authorities and housing associations could face having to refund millions of pounds to tenants after a council lost a test case in the High Court on water re-selling, it has been claimed.’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Consider decriminalisation to tackle drug death ‘crisis’, say treatment providers in unprecedented plea – The Independent

‘The future government has been urged to consider every available measure to curb the current drug death “crisis”, including decriminalisation, in an unprecedented plea from the UK’s major drug treatment providers.’

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The Independent, 2nd December 2019

Source: www.independent.co.uk

Après nous le déluge – rents and water resellers – Nearly Legal

Posted December 2nd, 2019 in landlord & tenant, local government, news, rates, rent, water by sally

‘Royal Borough of Kingston-Upon-Thames v Moss (2019) EWHC 3261 (Ch). Ever since Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report), the position on water rates taken as rent by a number of London Councils and Housing Associations under agreements with Thames Water has been conflicted. Some councils (including Southwark) refunded tenants the ‘discount’ that they had received. Other councils did nothing, and frantically tried to settle and defence to rent arrears possession proceedings that raised the water rates point (not always successfully), in the hope and expectation that someone else would take another case to the High Court and overturn or distinguish Jones.’

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Nearly Legal, 1st December 2019

Source: nearlylegal.co.uk

Council secures £400k+ confiscation order against landlord over house in multiple occupation with 15 tenants – Local Government Lawyer

‘Joint action by Hillingdon Council’s planning enforcement and trading standards teams has seen a Hayes landlord ordered to pay more than £430,000 after she turned her property into an illegal House in Multiple Occupation (HMO).’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Welsh council defeats appeal by dog breeder over refusal to renew licence – Local Government Lawyer

Posted December 2nd, 2019 in appeals, dogs, licensing, local government, news, Wales by sally

‘A Welsh council has successfully defended its decision not to renew a dog breeder’s licence over breaches of conditions identified during unannounced inspections.’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Council submits £130m claims in High Court bid to recover costs under housing estate maintenance PFI – Local Government Lawyer

‘Camden Council has submitted claims to the High Court to recover costs from the contractor PFIC (Partners for Improvement in Camden) and its principal subcontractors, who previously had responsibility for refurbishment and maintenance of the Chalcots Estate, under a private finance initiative agreement.’

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Local Government Lawyer, 29th November 2019

Source: www.localgovernmentlawyer.co.uk

Homelessness and Offending Rates – An Inextricable Link – Pump Court Chambers

Posted November 28th, 2019 in homelessness, housing, imprisonment, local government, news, probation by sally

‘The Homelessness Reduction Act (HRA) 2017 came into effect on 3rd April 2018 and places new legal duties on local authorities so that everyone who is homeless, or at risk of homelessness, should have access to meaningful help, irrespective of their priority need status, as long as they are eligible for assistance. The Act amends part VII of the Housing Act 1996 and is arguably the biggest change in homelessness legislation since the Housing
(Homelessness Persons) Act 1977.’

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Pump Court Chambers, 12th November 2019

Source: www.pumpcourtchambers.com

Suitability when? Review and decision dates – Nearly Legal

Posted November 27th, 2019 in appeals, families, homelessness, housing, local government, news by sally

‘The Court of Appeal on section 202 Housing Act 1996 reviews of suitability and what facts should be relevant at the time of review.’

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Nearly Legal, 26th November 2019

Source: nearlylegal.co.uk

Camden Council obtains first rogue landlord banning order in London – Local Government Lawyer

‘Camden Council is reported to have obtained London’s first rogue landlord banning order against a man who repeatedly placed tenants’ lives at risk through letting unsafe housing.’

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Local Government Lawyer, 26th November 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court: community benefits not planning ‘material consideration’ – OUT-LAW.com

Posted November 21st, 2019 in appeals, interpretation, local government, news, planning, Supreme Court by sally

‘Proposed donations to a community benefit fund from the proceeds of a new wind turbine could not be taken into account by a local authority when deciding whether to grant planning permission for the development, the Supreme Court has confirmed.’

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OUT-LAW.com, 20th November 2019

Source: www.pinsentmasons.com

Gliding Club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act – Landmark Chambers

Posted November 20th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘In a judgment handed down yesterday by Mr Justice Swift, Coventry Gliding Club were successful in their judicial review challenge to Harborough District Council’s grant of prior approval for a residential barn conversion next to their airfield. The change of use of the barn to a dwelling is permitted development under Class Q of Part 3 of Schedule 2 to the General Permitted Development Order but this is subject to an application for prior approval under paragraph W of that Schedule.’

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Landmark Chambers, 14th November 2019

Source: www.landmarkchambers.co.uk

Local authorities detect 22% more council tax fraud cases in last year, CIPFA research finds – Local Government Lawyer

Posted November 20th, 2019 in council tax, fraud, local government, news, statistics by sally

‘Local authorities in the UK have detected 22% more cases of council tax fraud compared to last year, research by CIPFA has found.’

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Local Government Lawyer, 19th November 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal over care and placement orders over failure by judge to give adequately reasoned judgment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal brought by a great-aunt 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, 19th November 2019

Source: www.localgovernmentlawyer.co.uk

Ripping the heart out of the Nomad Nation – Garden Court Chambers

Posted November 19th, 2019 in consultations, human rights, local government, news, police, travellers, trespass by sally

‘On 5 November 2019 the Home Office announced a consultation Strengthening police powers to tackle unauthorised encampments. This consultation follows an earlier consultation issued by the Ministry of Housing, Communities and Local Government (MHCLG) in April 2018 on the effectiveness of enforcement against unauthorised developments and encampments (see the MHCLG report in February 2019 following the consultation).’

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Garden Court Chambers, 18th November 2019

Source: www.gardencourtchambers.co.uk

Gliding club win legal challenge over prior approval for barn conversion – Local Government Lawyer

Posted November 19th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.’

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Local Government Lawyer, 18th November 2019

Source: www.localgovernmentlawyer.co.uk

London council to take battle over borough-wide injunction and camping on open spaces to Court of Appeal next month – Local Government Lawyer

Posted November 19th, 2019 in appeals, injunctions, local government, news, travellers by sally

‘The Court of Appeal will next month (3 December) hear an appeal by Bromley Council over the High Court’s refusal to extend an interim injunction prohibiting camping on 171 open spaces and car parks in the borough.’

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Local Government Lawyer, 18th November 2019

Source: www.localgovernmentlawyer.co.uk

Information watchdog updates guidance for data controllers on protecting ‘special category data’ – Local Government Lawyer

Posted November 18th, 2019 in codes of practice, data protection, local government, news, ombudsmen, privacy by sally

‘The ICO has issued updated guidance on special category data, to which data controllers must give extra protection under the GDPR.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule next week on community benefit fund donations and material considerations for granting planning permissions – Local Government Lawyer

Posted November 18th, 2019 in appeals, energy, local government, news, planning, Supreme Court by sally

‘The Supreme Court will next week (20 November) hand down an imporrtant ruling on whether a council was entitled to take into account as a material consideration, when granting planning permission, the offer of a community benefit fund donation.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Solicitor and ex-councillor jailed for housing fraud – Legal Futures

Posted November 18th, 2019 in disclosure, fraud, housing, local government, news, sentencing, solicitors by sally

‘A solicitor and former East London councillor was jailed for 16 months after pleading guilty to two counts of housing fraud.’

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Legal Futures, 18th November 2019

Source: www.legalfutures.co.uk