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Variation and Enforcement of s106 Obligations – Part 4: Enforcing by way of injunction

In the fourth article in a series by a group of Landmark barristers on the subject of the variation and enforcement of s106 obligations, James Maurici QC, Kate Olley, Heather Sargent, Matthew Henderson and Nick Grant explore the law on enforcing s106 obligations by way of injunction. Read more
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  NEWS

July 14, 2020

Court finds it unlawful for landlords to operate 'no DSS' policy

A judge has ruled that it is illegal for landlords to operate ‘no DSS’ policies that refuse letting to people claiming benefits.
July 14, 2020

Council stymied after legal advice suggests no basis to challenge consent order for solar power station

Legal advice obtained by Swale Borough Council on the prospect of a judicial review to overturn a consent order for a 350 MW solar power station and battery storage on Graveney Marshes has suggested that there is no basis upon which the decision can be…
July 14, 2020

Claimant with Down Syndrome secures permission for judicial review of charging policy of county council

A 24-year-old woman with Down Syndrome has been granted permission for a judicial review challenge of Norfolk County Council’s policy of charging people for essential care and support.
July 14, 2020

Man loses appeal over conviction for unlawfully subletting council home

A man from Wolverhampton has lost an appeal against his conviction for unlawfully subletting a council home.

  FEATURES AND ANALYSIS

July 10, 2020

The rules for independence day...and beyond

Charles Holland, Gary Grant and Leo Charalambides provide an in-depth summary of the regulations to remove the closure restrictions that had been imposed on English restaurants, cafes, bars and public houses to tackle COVID-19.
July 10, 2020

Localism Act power does not enable a local authority to provide health services

In a recent judgment, The Hon. Mr Justice Mostyn described a claim that a local authority could provide tracheostomy care for a child pursuant to the general power of competence in s. 1 of the Localism Act 2011 as ‘misconceived’. Christine Cooper summarises the judgment.
July 09, 2020

The reality of buying AI

Gemma Nash and Matthew Mo consider the implications of the government's new Guidelines for Artificial Intelligence Procurement.
July 09, 2020

Phased Planning Permissions and the Self-Build Exemption

Christopher Cant looks at a thorny issue for developers and local authorities alike.
July 09, 2020

Another Judicial Slap on the Virtual Hand

John Pugh-Smith offers a cautionary tale for parties that fail to keep the Court in the loop when settlng a planning dispute.
July 09, 2020

COVID-19, homelessness and rough sleepers: how to help persons ineligible for support

Tara Leary looks at what legal powers local authorities will have to deal with rough sleepers once lockdown ends.
July 03, 2020

The weight placed on local authority age assessments

An Upper Tribunal judge recently placed only limited weight placed on a local authority age assessment, and also provided guidance as to the reliability of social media evidence. Siân Davies sets out the key points from the ruling.
July 03, 2020

Neighbourhood planning ... where to now in this brave new world?

Two recent court decisions should be welcomed by neighbourhood planners and local planning authorities, writes Peter Edwards.

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  MORE NEWS

  MORE FEATURES

July 03, 2020

Breaches of PSPOs and reasonable belief

Kuljit Bhogal reports on an important High Court ruling on breaches of Public Spaces Protection Orders.
July 03, 2020

Children case law update: Assessments of risk of FGM, and hybrid contested hearings

Georgina Dalton reviews recent childcare rulings in relation to the family courts and previous assessments of risk of FGM, and on competing Article 6 and Article 8 rights in a hybrid contested hearing.
July 03, 2020

Amendments in procurement disputes

The High Court has adopted a permissive approach to amendments in a procurement dispute, write Emily Heard and Kyle Duggan.
July 03, 2020

COVID-19 - Code of principles on commercial leases

The Government has issued a new Code of Practice for commercial property relationships: What does it mean for landlords and tenants? Sara Bailey, Yvette Bryan and Nick Levy explain.
July 03, 2020

Planning Court clarifies the approach to flooding and policy compliance

In the Planning Court Mr Justice Dove recently considered the reliance on Strategic Flood Risk Assessments (“SFRA”) when applying the sequential test under national policy; and reaffirmed the approach that ought to be taken when assessing policy compliance. Richard Harwood QC and Stephanie David analyse the outcome.
July 02, 2020

Unincorporated bodies and assets of community value

Christopher Cant considers the issues around whether groups making nominations of property as Assets of Community Value are unincorporated bodies or not.
July 02, 2020

New guidance for statutory intervention & inspection

In light of recent issues regarding the financial struggles of local authorities, Mark Heath looks at the new guidance for managing intervention and inspection.
July 02, 2020

Airbnb, Booking.com etc - can a tenant use their premises for such short term occupation?

Andy Lane considers a recent case in the Upper Tribunal concerning the use of short-term occupation sites such as Airbnb.
June 30, 2020

No5 Barristers' Chambers Planning Podcast - Episode 9 - Infrastructure

Richard Kimblin QC interviews Angus Walker, Chair of the Board of the National Infrastructure Planning Association on infrastructure projects during the emergency, whether consenting procedures might actually be better after the emergency and infrastructure and economic recovery.
June 29, 2020

The LLG Grapevine 29th June

Deborah Evans, Dennis Hall and Helen McGrath discuss home working, planning permission, local lock-downs, data protection and the Business and Planning Bill.
June 29, 2020

Housing case law update - June 2020

Daniel Skinner and Natalie Hurst examine the latest housing-related cases in the Court of Appeal, High Court and Upper Tribunal.
June 29, 2020

Gas safety certificates and possession proceedings

Sarah Salmon examines an important Court of Appeal ruling on section 21 notices and the service of relevant gas safety records.