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.

February 22, 2017

In R (Osman) v Harrow LBC [2017] EWHC 274 (Admin) the Claimant applied for judicial review of the decision of the Defendant to award the Claimant Band C priority for the purposes of the allocation of housing accommodation. The award was made in accordance with the Defendant’s amended housing scheme (the Amended Scheme) under Part…

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February 22, 2017

In Homes and Communities Agency v J S Bloor (Wilmslow) Ltd (2017) UKSC 12 raised questions concerning the Pointe Gourde or “no-scheme” rule, by which compensation for compulsory acquisition is to be assessed disregarding any increase or decrease in value solely attributable to the underlying scheme of the acquiring authority.  The particular issue concerned the…

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February 21, 2017

In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing…

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February 17, 2017

Case C-74/16, Congregacion de Escuelas Pias Provincia Betania v Municipality of Getafe , is concerned with whether an exemption for a church school from a municipal tax constituted State Aid.  In an Opinion on 16 February 2017 Advocate General Kokott advises not. The school was pursuant to the church’s educational mission.  It did not constitute…

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February 17, 2017

In Case C-129/16, Turkevei v Orszagos, the ECJ is once again asked to clarify the consequences of the polluter-pays principle. This time, the question is whether the owner of a leased-out plot of land may be penalised because waste was illegally incinerated there and that owner did not identify who was the actual user of…

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February 17, 2017

In R (DLA Delivery Ltd) v Lewes District Council (2017) EWCA Civ 58 the Court of Appeal held that the statutory requirement for a Neighbourhood Development Plan (“NDP”) to be “in general conformity with the strategic policies contained in the development plan for the area” did not require the making of a NDP to await…

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February 17, 2017

The appeal in Oakley v South Cambridgeshire District Council (2017) EWCA Civ 71 raised the issue whether, in the particular circumstances of the case, the Planning Committee of the South Cambridgeshire District Council ought to have given reasons for granting planning permission for the development by Cambridge City Football Club, a semi-professional club, of a…

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February 15, 2017

One of the issues in Whitstable Society v Canterbury City Council [2017] EWHC 254 (Admin) was whether the notification and consultation proceedings required by Section 123(2A) in relation to open space land owned by a local authority ought to have been gone through in respect of the sale of land owned by the City Council. …

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February 15, 2017

The claim in TW Logistics Ltd v Essex County Council (2017) EWHC 185 (Ch)  involved the question whether an area of land forming part of the Port of Mistley in Essex (“the Land”) should remain registered as a town or village green (“TVG”) pursuant to the Commons Act 2006 (“the 2006 Act”), or whether the…

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February 13, 2017

See R (Zahid) v Manchester University (2017) EWHC 188 (Admin), on judicial review as a remedy of last resort and alternative remedies, at paras 50-68, and on extensions of time for claim to be issued, at paras 73-94.  

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