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Proving an error of law

Elizabeth England discusses a recent Court of Appeal case that reminds us who has the burden of proving an error of law in homelessness appeals under Part VII Housing Act 1996.

News headlines

Apr 25, 2018

Judicial review challenge over fate of town hall ended: report

Local activists are said to have abandoned an attempt to take the London Borough of Haringey to judicial review over the future of Hornsey town hall.
Apr 25, 2018

Select committee calls for councils to have wider housing enforcement powers

MPs have backed wider and more widely used housing enforcement powers for councils and further protections for tenants from retaliatory eviction, rent increases and harassment.
Apr 23, 2018

Housing team at Forbes sees number of Higher Court Advocates rise to seven

The Housing and Regeneration Department at Forbes Solicitors now has seven Higher Court Advocates after the latest Higher Rights of Audience qualification assessments.
Apr 19, 2018

Council wins permission for judicial review over shortfall in sites for travellers

Swale Borough Council has won permission to take the Secretary of State for Housing, Communities and Local Government to judicial review over a dispute concerning whether the borough has sufficient Travellers’ sites.
Apr 16, 2018

Kensington & Chelsea fined £120k for disclosure of owners of empty properties

The Royal Borough of Kensington and Chelsea has been hit with a £120,000 monetary penalty by the Information Commissioner’s Office (ICO) after the council unlawfully identified 943 people who owned vacant properties in the borough.
Apr 12, 2018

Council rapped after homeless family left to live in hotel rooms for three years

The Local Government and Social Care Ombudsman has sharply criticised a city council after a family, including children with disabilities, shared a single hotel room for more than three years because the local authority did not treat their housing…
Apr 11, 2018

Public law and property barrister Campbell joins Field Court

Public law and property barrister Alexander Campbell, who is recognised for his social housing practice and his expertise in human rights and discrimination cases, has joined Field Court Chambers.
Apr 09, 2018

Councils “threatening to take children of undocumented parents into care”: claim

When faced with undocumented families in desperate need, local authorities are often only offering accommodation to children – “effectively threatening to take them into care if an undocumented parent asks social services for support”, human rights…
Apr 06, 2018

National database of rogue landlords goes live

A national database of landlords convicted of a range of housing, immigration and other criminal offences such as leasing overcrowded properties, fire and gas safety offences and unlawful eviction, has gone live.
Apr 05, 2018

Government launches review of law and powers to tackle unauthorised sites

The government has launched a review of the law and powers to deal with unauthorised caravan sites and developments.

Features and analysis

CPO and compensation: key changes

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Gary Soloman looks at a number of provisions relevant to compulsory acquisition in the Neighbourhood Planning Act 2017 and Housing and Planning Act 2016 that come into force on 6 April 2018.

Developer contributions: reforms

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The regime for developer contributions is set to be reformed. Stephanie David examines the proposals in the government's consultation.

LAs and energy efficiency standards

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An English local authority can add energy efficiency requirements to its local plan which exceed those of Building Regulations. David Browne explores the key points for local authorities.

A new approach to viability

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Rose Grogan examines the proposed changes in approach to viability in the revised National Planning Policy Framework (NPPF) and accompanying guidance.

Interpreting overage clauses

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Overage continues to be a potential minefield. James Hall analyses the latest case on interpretation of a clause.

A change is gonna come

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Simon Ricketts examines the issues that emerge when changes are sought to a major scheme with planning permission.

Approaches to the tilted balance

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Josef Cannon reports on an inspector's approach to the ‘tilted balance’ in the National Planning Policy Framework, as the sun begins to set on paragraphs 14 and 49.

Selective licensing and conditions

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Jonathan Manning analyses an important Court of Appeal ruling on selective licensing and the power of local authorities to impose conditions.

The NPPF: all change?

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The Prime Minister last week launched a consultation on changes to the National Planning Policy Framework (NPPF). Will it deliver on promises? Ashley Bowes reports.

Orders for possession and s.11 CA

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The Court of Appeal has ruled that a breach of s. 11 Children Act 2004 does not necessarily preclude orders for possession. Andy Lane and Tara O'Leary set out the lessons to be learned from the judgment.

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