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Declining to determine applications

The High Court has clarified the scope and application of Section 70C of the Town and Country Planning Act 1990 - the power to decline to determine planning applications, writes Saira Kabir Sheikh QC.

News headlines

Aug 06, 2018

Council to investigate 2012 sale of housing estates to developer

The London Borough of Hammersmith & Fulham last month passed a special motion backing a “full investigation” into a deal six years ago to sell to housing estates to a developer.
Aug 06, 2018

High Court judge quashes decision by council to cut SEND budget by £5m

A High Court judge has quashed Bristol City Council’s decision to reduce spending on special educational needs and disabilities (SEND) by £5m.
Aug 06, 2018

Council wins challenge to decision that right of way was ‘byway open to all traffic’

Slough Borough Council has won a High Court challenge to an inspector’s decision that a right of way should be open as a ‘byway open to all traffic’ (BOAT).
Aug 03, 2018

County council right not to treat man as asylum seeker: High Court

Kent County Council was right not to treat a man as an asylum seeker when he had made fresh representations on his case but the government had yet to decide on these, the High Court has found.
Aug 02, 2018

Court of Appeal rejects council bid to retake homelessness decision

A local authority cannot take a decision a second time other than in exceptional cases, the Court of Appeal has ruled in a homelessness case.
Aug 02, 2018

Government settles legal action over discrimination and Universal Credit rollout

The Government has settled a case of unlawful discrimination against two men with severe disabilities whose benefits were reduced when they moved from one local authority area to another and became required to claim Universal Credit.
Aug 02, 2018

Judge allows challenge over screening but refuses to quash permission for school

A High Court judge has declined to grant relief against the grant of conditional planning permission by Hertfordshire County Council to itself for the construction of a new secondary school, despite allowing a ground of challenge that a screening…
Aug 02, 2018

Ministry in U-turn over plans to house sex offenders at open prison

The Ministry of Justice has reversed a decision to authorise the housing of prisoners convicted of sexual offences at an open prison in Warrington, following a threat of a judicial review challenge by the borough council and after concerns were…
Aug 01, 2018

Council defeats High Court challenge over development at historic railway yard

Historic England has failed in a challenge to Milton Keynes Council over its decision to allow a development on part of a historic railway yard.
Aug 01, 2018

Campaigners eye legal action over festivals in Lambeth parks

Campaigners have set up a crowd funding campaign to try to take legal action against the London Borough of Lambeth over commercial festivals in parks.

Features and analysis

A new planning rulebook?

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Martin Edwards considers some of the key changes in the revised National Planning Policy Framework.

Scope of the fit and proper test

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A recent Crown Court case considered the scope of the fit and proper test for private hire licences. Philip Kolvin QC analyses the outcome.

Illegality and public policy

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A recent County Court case considered the question of illegality in an historical abuse context. Ceri-Sian Williams explains the ruling.

Services of general economic interest

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How can public bodies make use of the state aid exemption relating to services of general economic interest? Edward Reynolds explains.

What next for heat networks?

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The Competition and Markets Authority has published its final report on heat networks, calling for new regulation. David Kilduff, Ben Sheppard and Richard Butterworth consider the implications.

HMO licensing and upfront fees

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The Divisional Court has recently considered what a local authority can include in upfront fees for licensing houses in multiple occupation (HMOs). Jonathan Manning analyses the outcome.

Minded-to letters and representations

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Are housing authorities required to specify in a “minded-to” letter that applicants may make representations to the reviewer orally at a face-to-face meeting? Robert Brown analyses a Court of Appeal ruling.

Setting of a listed building

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The Court of Appeal has set out general principles to be applied when considering the setting of listed buildings and the effect of developments. Jacqueline Lean sets out the key points.

Two-stage evaluations and the PCR

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Now you can carry out a two-stage phased evaluation under the open procedure and still comply with the Public Contracts Regulation, writes Stephanie Rickard.

Mixed data in the Court of Appeal

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The Court of Appeal has considered the correct approach to dealing with mixed personal data. Rupert Paines analyses its ruling.

Judges meeting with children

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A senior judge has given an update on the issues created by judges meeting children and the correct approach to be taken. Michelle Brown reports.

Bringing it home?

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John Pugh-Smith and Katie Scott consider conflict management and resolution, and analyse alternatives to litigation for local government.

Highways and inspection systems

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A council’s annual inspection system was recently found by a court to be adequate for the purposes of S.58 of the Highways Act 1980 when determining liability. Lucie Evans and Suzanne Milne report.

Criminal law and family proceedings

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What place does criminal law have in family proceedings? Mark Cooper reports on a Court of Appeal ruling.

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