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.

April 12, 2017

Numerous new Planning Regulations for Wales are (1) the Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2017, S.I. 2017/530 (W.113), which amongst other things change the information to be included in an Explanatory Note to accompany every Enforcement Notice; the Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2017, S.I.…

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April 11, 2017

In SXH v CPS [2017] UKSC 30 the Supreme Court held that, although ECHR Article 8 is broad, it is not so broad as to encompass everything done by a public authority which has the consequence of affecting someone’s private life in a more than minimal way. Neither the Strasbourg authorities nor domestic case law…

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April 11, 2017

Those who have incurred financial obligations in reliance on a statute have a legitimate expectation that the statute would not be retrospectively repealed or otherwise invalidated to their detriment. Their right to recover costs constituted a right under Article 1/1 of the ECHR.  A newspaper publisher’s freedom of expression under Article 10 is also a…

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April 11, 2017

It is not a failure to mitigate damages not to take advantage of the opportunity to stop the award of a contract in breach of procurement law. However, damages are recoverable only if the breach is “sufficiently serious”. These were the main holdings of the Supreme Court in NDA v ATK [2017] UKSC 34. ATK…

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April 11, 2017

In R (XC) v Southwark LBC [2017] EWHC 736 (Admin) Garnham J held that the housing allocation scheme operated by the Council under Part VI of the Housing Act 1996 as amended is lawful.  The relative priorities included priority for working households who are making a contribution to the local economy.  The scheme is indirectly…

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April 10, 2017

Principles relating to delay in judicial review proceedings have been restated as follows by Lewis J in R (Sustainable Development Capital LLP) v SoS for Business, Energy and Industrial Strategy (2017) EWHC 771 (Admin).  The case concerned the proposed sale of a publicly-owned asset. The claimant sought to challenge the defendant’s award of preferred bidder…

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April 5, 2017

In Sheffield City Council v Oliver (2007) EWCA Civ 225 the local authority was unsuccessful in its appeal from an Upper Tribunal (Lands Chamber) decision concerning the funding of major refurbishment works to several blocks of flats of which it is the freeholder.  Most of the flats were let as social housing.  Some, including the…

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April 4, 2017

In Nottingham City Council v Parr (2017) EWCA Civ 188 the Court of Appeal held that it was not unlawful to impose a licence condition restricting the occupation of a house in multiple occupation to full-time students. Although the licensing regime concerned the physical characteristics of the relevant property, the personal characteristics and activities of…

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April 4, 2017

In Dunnett Investments Ltd v SoS for CLG and East Dorset Council (2017) EWCA Civ 192 a site had planning permission for new industrial and office premises, but subject to strict conditions, and was used as a business centre. The Claimant sought to develop the site for dwelling houses. The planning permission was subject to…

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March 28, 2017

In Turley v Wandsworth LBC [2017] EWCA Civ 189 the Court of Appeal held that a condition in the Housing Act 1985 s.87(b) which required, up until 1 April 2012, that the long-term partner of a secure tenant had to have resided with the secure tenant throughout the 12-month period prior to the secure tenant’s…

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