11KBW
LOCAL GOVERNMENT LAW

Our regular bulletin on developments in the ever-changing
legal landscape of local government legislation and case law.

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Local Government Law


Welcome to 11KBW's bulletin which aims to keep you informed about some of the main cases and developments in Local Government Law. We have expertise in a broad range of areas relevant to local government but do not cover all of them here. Follow these links to access our blogs or bulletins for Employment, Education, Community Care, Information law and Procurement.

March 23, 2017

Section 146 of the Pension Schemes Act 1993 sets out the functions of the Pensions Ombudsman (“the PO”). The PO may investigate and determine various specified matters.  These include a complaint made to him by an actual or potential beneficiary of an occupational pension scheme who alleges that he or she has sustained injustice in…

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March 23, 2017

The purpose of introductory tenancies is to provide what the Housing Act 1996 refers to as a trial period in which the landlord may determine the tenancy without having to establish the grounds for possession required in the case of a secure tenancy. This gives a social landlord an opportunity to form a view about…

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March 23, 2017

  The substantial issue on the appeal in Dove v Havering LBC [2017] EWCA Civ 156 related to whether the “tenant condition”, pursuant to Section 81 of the Housing Act 1985, was satisfied, in order for the tenancy to be a secure tenancy. The tenancy in this case was a joint tenancy. The first limb…

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March 23, 2017

In HB v A Local Authority and The Local Government Association (2017) EWHC 524 (Fam) MacDonald J rejected an argument that the High Court had by reference to ECHR Articles 6 and/or 8 to order a local authority to fund the legal costs of a person denied legal aid on means test grounds without breach…

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March 21, 2017

Ashdown Forest is a Special Area of Conservation (“a SAC”). This designation, in 2005, was pursuant to the Habitats Directive (“the Directive”). The designation was given for a number of reasons, including the SAC’s extensive areas of lowland heath, which is vulnerable to nitrogen dioxide pollution from motor vehicles. The SAC covers 2,729 hectares and…

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March 14, 2017

In Samuel Smith Old Brewery v North Yorkshire County Council [2017] EWHC 442 (Admin) Hickinbottom J held that, depending on the specific circumstances of a case, visual impact might be taken into account by a planning decision-maker when considering the impact of a proposed development on the openness of a green belt area. Factors such…

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March 10, 2017

In R (Wylde) v Waverley Borough Council (2017) EWHC 466 (Admin) Dove J held that the claimants, who were not “economic operators” with an interest in securing the contract which was the subject of their claim, but who were a group of local councillors and residents who opposed a large scale development in Farnham Town…

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March 8, 2017

In Serpes v City of London, Judgment on 2 March 2017, the Court held that demand notices for non-domestic rates, reminder notices, and summonses, were all served properly at the appellant’s last known address, in accordance with Section 233 of the Local Government Act 1972.  It was immaterial that she did not in fact receive…

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March 7, 2017

Section 56 of the Local Government Finance Act 1988 (“LGFA 1988”) incorporates Schedule 6 to LGFA 1988. Schedule 6 sets out the statutory basis on which the rateable value of a non-domestic hereditament is determined.  It sets out statutory assumptions for determining rateable value. What is required is an assessment of “the rent at which…

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March 7, 2017

In Lucas (on behalf of Save Diggle Action Group) v Oldham Metropolitan Borough Council (2017) EWHC 349 (Admin) the Council had been granted funding to redevelop a School, the existing buildings of which were in a poor state of repair.  The funding was from the Education Funding Authority (“the EFA”).  The EFA undertook a Feasibility…

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