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Enforcement and certificates of lawfulness

Phillip Hopkins examines some conundrums created by the Town and Country Planning Act 1990 in relation to planning applications, enforcement notices and certificates of lawfulness of existing use or development.

News headlines

Oct 17, 2017

Council withdraws decision to refuse humanist place on religious education body

A humanist has won the first round of a case against Vale of Glamorgan Council’s refusal to seat her on its standing advisory council on religious education (Sacre).
Oct 17, 2017

Charity wins permission for judicial review over parking permits in Bath

A charity has obtained permission to proceed with a judicial review in relation to the residents’ parking scheme in Bath.
Oct 17, 2017

London borough loses ordinary residence battle with neighbouring authority

The London Borough of Barking & Dagenham has lost an appeal in which it argued that it should not be responsible for an autistic man’s care because at the time in question he was resident in neighbouring Redbridge.
Oct 17, 2017

Ofsted wins Court of Appeal case over segregation at Birmingham school

Ofsted has won a Court of Appeal case over a Birmingham school’s practice of segregating boys and girls over the age of nine, despite it being nominally a mixed school.
Oct 17, 2017

1 Chancery Lane chooses Simon Readhead QC as head of chambers

Simon Readhead QC has become the new Head of Chambers at 1 Chancery Lane, taking over from John Ross QC who held the role for more than ten years.
Oct 16, 2017

North West council pays out £3.5m to settle equal pay claims: report

St Helens Metropolitan Borough Council has agreed to pay out £3.5m to settle equal pay claims, it has been reported.
Oct 13, 2017

Sixteen councils fined for delayed transfers of care in 2016/17: ADASS research

Some 16 councils were fined for delayed transfers of care in 2016/17, with individual fines as high as £280,540, research by the Association of Directors of Adult Social Services (ADASS) has revealed.
Oct 13, 2017

Councils secure High Court order for disposal of ashes of Ian Brady

Two local authorities have secured an order that the body of Ian Brady, one of the Moors Murderers, should be decently disposed of without delay.
Oct 13, 2017

Judge refuses judicial review of decision not to determine planning application

A council has welcomed a High Court judge’s refusal – following an oral hearing – to grant permission for a judicial review of the authority's decision not to determine a traveller’s planning application for a plot of land.
Oct 13, 2017

Council to procure legal adviser for regional adoption agency in Black Country

The City of Wolverhampton Council is conducting a procurement exercise on behalf of the Regional Adoption Agency being formed in the Black Country.

Features and analysis

The absolute ground and reviews

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The Court of Appeal has handed down an important ruling on the timescales for the absolute ground for possession. Tina Conlan reports.

Cheating and exam malpractice

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Andrea Squires sets out some of the lessons learned from investigating cases of cheating and exam malpractice.

Public procurement after Brexit

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Simon Randall CBE has written a paper for the Society of Conservative Lawyers on public procurement after Brexit. Here he puts forward some of the key points.

Inherently problematic?

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A High Court ruling has raised significant issues around capacity thresholds, the inherent jurisdiction and autonomy, writes Alex Ruck Keene.

Devolution is a process not an event

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As local government in England is handed additional powers and responsibilities, Lynda Towers, former Solicitor to the Scottish Parliament, gives her perspective on devolution and the lessons to be learned.

The Planning Court on Grampian conditions

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A Planning Court judge has recently handed down an important ruling on Grampian conditions. Dalee Kaur and Rachel Holt analyse the outcome.

Declining to determine planning applications

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The High Court has revisited the limits of a local planning authority’s powers to decline to determine planning applications where an existing enforcement notice is in place. Annabel Graham Paul analyses the ruling.

Aarhus costs rule challenge

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Three charities recently took the Ministry of Justice to the High Court over new costs rules for environmental cases. Andrew Parkinson explains the outcome.

TPOs and compensation

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The Court of Appeal recently allowed a council's appeal over an Upper Tribunal judgment on tree preservation orders and compensation payable to a landowner. Claire Booth explains the outcome.

Listed buildings and statuary

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A judge has rejected a challenge to an inspector’s decision dismissing appeals against a listed building enforcement notice and the refusal of listed building consent for removal of two early 18th century piers and urns. John Hunter and Gary Grant explain why.

QOCS and multiple defendants

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A defendant against whom the claimant discontinued was not able to seek to enforce and ‘set-off’ its costs against the damages/interest paid to the claimant by the ‘unsuccessful’ defendants. Caroline Cousins reports.

The Supplier Code of Conduct

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Melanie Pears and Tim Care take a look at the Supplier Code of Conduct, which has been introduced by the Government with the aim of helping suppliers understand the standards expected of them when they are contracting with the Government.

Deputyships and outsourcing

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The Court of Protection recently considered an application to revoke a number of deputyships in place through a council's outsourcing arrangement and whether the borough could recover its costs. The COP team at 39 Essex Chambers reports.

Housing association constitutions

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Major changes are proposed to housing association constitutions. Matthew Waters reports on their likely impact, including in relation to councils.

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