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Defects on the highway

A highways authority recently successfully defended a claim brought by an injured motorcyclist. Ian Clarke considers the ruling. Read more
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  NEWS

Jul 21, 2021

Council and bus operator to pay out £109k in damages and costs to religious organisation over refusal to advertise rally

Blackpool Council and its wholly owned company Blackpool Transport Services have been ordered to pay £109,000 in damages and costs to a religious organisation run by evangelist Franklin Graham after refusing to advertise a rally on buses.
Jul 01, 2021

E-scooters in the UK public transport mix

Kathryn Hinchey highlights the challenges faced by local authorities rolling out e-scooter trials due to gaps that remain in the Government legislation and guidance. Here, she discusses the steps needed to ensure that future e-scooter use on UK roads is viable, and that ongoing trials bear fruit.
Jun 30, 2021

High Court rejects challenge to Low Traffic Neighbourhood in London borough

A High Court judge has rejected a challenge by a disabled woman who claimed that the London Borough of Lambeth had implemented Low Traffic Neighbourhoods unlawfully.
Jun 25, 2021

Cycling charity heads to Court of Appeal after High Court refuses permission for legal challenge over removal of temporary bike lane

A cycling charity is heading to the Court of Appeal after its judicial review application of West Sussex County Council's decision to remove a temporary bike lane in Shoreham was refused by the High Court last month.
Jun 23, 2021

Highways authority successfully defends claim by injured motorcyclist

A motorcyclist seriously injured when exiting a petrol station has no claim against Luton Borough Council over the state of the highway, the High Court has decided.
Jun 23, 2021

Utility provider prosecuted by council for causing unnecessary traffic jams

Thames Water must pay more than £8,000 in fines and costs in a prosecution brought by the London Borough of Wandsworth.
Jun 23, 2021

Council facing legal challenge to grant of planning permission for expansion of Southampton Airport

Objectors to the expansion of Southampton Airport have appointed law firm Leigh Day to challenge Eastleigh Borough Council’s grant of planning permission.
Jun 21, 2021

Council mounts High Court legal challenge over grant by inspectors of permission for increase in passenger numbers at Stansted Airport

Uttlesford District Council is to bring a legal challenge after planning inspectors overturned its refusal of permission for the cap on passenger numbers at Stansted Airport to be increased to 43 million per year.
Jun 17, 2021

Mayor of London and TfL win appeal over High Court ruling that quashed closure of A10 in Bishopsgate under ‘Streetspace’ scheme

The Court of Appeal has allowed an appeal by Transport for London and the Mayor of London against a High Court ruling that quashed the ‘Streetspace’ traffic reduction policies.
Jun 17, 2021

District and county at loggerheads after legal advice leads to rejection of £15m Housing Infrastructure Fund grant for relief road

A row has erupted between Melton Borough Council and Leicestershire County Council after the latter refused on legal advice to accept a £15m government grant.

  FEATURES AND ANALYSIS

July 01, 2021

E-scooters in the UK public transport mix

Kathryn Hinchey highlights the challenges faced by local authorities rolling out e-scooter trials due to gaps that remain in the Government legislation and guidance. Here, she discusses the steps needed to ensure that future e-scooter use on UK roads is viable, and that ongoing trials bear fruit.
June 02, 2021

Introduction to Highways Works; Public Rights of Way and Village Greens for Planners

Katherine Barnes and Celina Colquhoun provide a “back to basics” session on highways works, public rights of way and village greens directed at planners.
March 26, 2021

Diverting a footpath under section 119 of the Highways Act 1980

The Court of Appeal has recently considered the criteria for the diversion of a footpath, bridleway or restricted byway. Trevor Ward examines the ruling.
March 19, 2021

Compulsory acquisition, Green Belt policies and undefined boundaries

The Court of Appeal has handed down a judgment on planning decisions relating to undefined boundaries of Green Belt land and cost orders in CAAD appeals. Oliver Capildeo examines the ruling.
March 05, 2021

When fixation becomes legal irrationality

John Pugh-Smith examines two recent judicial review challenges where judges have upheld a ground of 'irrationality'.
February 15, 2021

Rights of Way: An introduction to Private and Public Rights of Way

Lynsey Ellard and Carol Ramsden provide an overview of the differences between private and public rights of way; the characteristics of private and public rights of way; how they are created and how creation may be controlled and how private rights of way may be protected.
February 05, 2021

Challenging the Streetspace Plan

The High Court recently quashed the Mayor of London's Streetspace Plan and TfL’s Bishopsgate Traffic Management Order. David Matthias QC and Charles Streeten explain why the black cab drivers succeeded.
January 29, 2021

When is a policy not a policy: Supreme Court on Heathrow expansion

In February 2020, the Court of Appeal decided that the Government policy on airport expansion at Heathrow was unlawful on climate change grounds. The Supreme Court has now reversed this decision. David Hart QC considers this development.

  NEWS

Jun 09, 2021

District council hit with full costs after planning inspectors back expansion at Stansted Airport

Uttlesford District Council’s leader has urged Whitehall to rectify “an insult to local democracy” by the Planning Inspectorate over the expansion of Stansted airport.
Jun 02, 2021

TfL settles procurement claim over construction of Silvertown Tunnel

Transport for London has reached a confidential settlement with an aggrieved bidder that had hoped to build the Silvertown tunnel project.
May 31, 2021

Medway issues VEAT notice for procurement of law firm to advise on Housing Infrastructure Fund and Grant Determination Agreements

Medway Council has issued a voluntary ex ante transparency notice (VEAT) over its procurement of law firm Pinsent Masons to a £700,000-£900,000 contract to provide legal advice in relation to the Housing Infrastructure Fund and Grant Determination Agreements (GDA).
Apr 29, 2021

High Court judge hands down ruling on lawful scope of statutory consultation response

Norfolk County Council wrongly took account of the economic benefits of a development proposal when in its capacity as highways authority it decided not to object to its impact on a local main road.
Apr 29, 2021

Campaigner loses High Court challenge over Natural England decision on tree felling in wood affected by HS2

A High Court judge has dismissed as unarguable all the grounds advanced by environmental activist Mark Keir against Natural England’s decision to allow the felling of part of a wood for works on the HS2 rail project.
Apr 21, 2021

Lambeth facing legal challenge over low traffic neighbourhood

A disabled local resident expects to take the London Borough of Lambeth to court next month in a dispute over a low traffic neighbourhood.
Apr 14, 2021

London borough fails in High Court challenge over HS2 construction traffic routes

The London Borough of Hillingdon has lost a High Court judicial review against two Whitehall departments over routes for HS2 construction traffic in the borough.
Apr 07, 2021

TfL given permission for appeal in Streetspace dispute

Transport for London has been granted the right to appeal against a High Court ruling that its traffic reduction policies were unlawful.
Apr 07, 2021

Religious organisation wins County Court ruling over removal by council of adverts on buses

A religious organisation has won a county court case against Blackpool Borough Council and its wholly-owned Blackpool Transport Services, which refused to advertise its rally on the sides of buses.
Apr 07, 2021

Court of Appeal gives permission for judicial review challenge over low traffic neighbourhood policy in Hackney

A local campaign group opposed to the London Borough of Hackney’s policy of closing streets to through traffic has been given leave for a judicial review at its third attempt.
Apr 07, 2021

Transport for Greater Manchester names six law firms to major projects panel

Transport for Greater Manchester has appointed six law firms to a lot in its £88m Professional Services Framework covering legal services for major or complex projects.
Apr 07, 2021

Merseytravel to appoint single firm as advisors on rail matters under £750k contract

Merseytravel has given notice of its plans to appoint a single law firm or ABS (alternative business structure) to act as its principal external legal advisors in relation to rail matters under a contract worth an estimated £750,000.
Mar 11, 2021

High Court hands down ruling on council resources and provision of footways

The High Court has given its first ruling on the meaning of s.66(1) of the Highways Act 1980, which concerns the provision of footways.
Mar 04, 2021

Court of Appeal upholds ruling on order diverting footpath round garden of private house

Wording in the Highways Act 1980 does not prevent an inspector from considering competing interests when a footpath is to be diverted, the Court of Appeal has found.
Mar 03, 2021

Budget 2021: reaction from the sector

Local Government Lawyer looks at the reaction of the sector to Chancellor Rishi Sunak’s Budget.
Mar 03, 2021

Budget 2021: key measures

Local Government Lawyer identifies some of the key measures from Chancellor Rishi Sunak’s Budget affecting the local government and housing sectors.
Feb 25, 2021

Cycling charity brings judicial review over decision by council to remove lockdown cycle lane

A cycling charity has applied to take West Sussex County Council to judicial review over the removal of a cycle lane introduced during lockdown.
Feb 24, 2021

Court of Appeal upholds rejection of CAAD appeal but rules Upper Tribunal did not have power to make costs order

The Upper Tribunal did not have the power to make a costs order in a dispute over a certificate of appropriate alternative development (CAAD), the Court of Appeal has found.
Feb 18, 2021

Judge criticises ‘rolling’ judicial reviews in dispute over parking control zone: report

A judge has reportedly condemned the practice of ‘rolling’ judicial reviews in which the same issue is raised in different guises.
Feb 16, 2021

High Court judge approves quashing of Development Consent Order for WW2 airport in Kent

The Development Consent Order for Manston Airport in Kent has this week been formally quashed by the Planning Court.
Feb 11, 2021

Council blames technical legal error after agreeing to quash experimental traffic order

The London Borough of Camden has agreed to quash an experimental traffic order in one of series of legal battles between councils and those opposed to the blocking off of streets.
Feb 11, 2021

London Mayor to appeal High Court ruling that Streetspace policy was unlawful

London Mayor Sadiq Khan has asked the Court for Appeal to hear a challenge to a High Court ruling that his Streetspace policy and closure of part of Bishopsgate were unlawful.
Jan 28, 2021

Traders threaten city council with legal challenge over pedestrianisation plan

Independent traders in a Bristol street have threatened legal action against the city council over a pedestrianisation plan.
Jan 21, 2021

Law firm awarded £640k contract to provide planning advice on bypass

Law firm Burges Salmon has been appointed to a £642,950 contract to advise North Somerset Council on a major transport scheme.
Jan 20, 2021

Taxi drivers win High Court challenge over Streetspace plan

London’s taxi trade has hailed High Court rulings in which it won on four out of five grounds under which it challenged Mayor Sadiq Khan’s Streetspace plan.

  MORE FEATURES

December 18, 2020

Inspecting the “soft estate"

A recent case examined liability for the collapse of roadside trees. Adrian Neale and Roger Carver look at the outcome.
November 06, 2020

Highways, snow and ice

Matthew Mawdsley analyses the first reported decision on s. 41(1A) of the Highways Act 1980 and the question of reasonable practicality.
October 22, 2020

Highway surfaces and rural landscapes

Chloe Jenkins reports on the successful defence of a claim against the Yorkshire Dales National Park Authority and North Yorkshire County Council brought by a claimant who fell whilst crossing a set of stepping stones in the River Cover in the Yorkshire Dales National Park.
August 27, 2020

Local authority powers and traffic offences

Rob Hann, local government solicitor and author, explores concerns over proposals for new council powers to impose fines and penalties on motorists for some moving vehicle offences.
August 14, 2020

Obstruction of highways

This LexisNexis Local Government guidance note, produced in partnership with Nicholas Hancox Solicitors, provides comprehensive and up to date legal information covering a wide variety of circumstances in which public highways may be obstructed and what measures are available to councils to deal with them.
August 13, 2020

Discretion to exclude bidders lawful

The exercise of a contracting authority's discretion to exclude several bidders in a rail franchise procurement was proved to be lawful. Tom Beard takes a look at the judgment.
July 23, 2020

Deferral of CIL

Christopher Cant looks at the government's proposals on the deferral of the Community Infrastructure Levy and sets out areas of concern for local authorities.
July 23, 2020

Varying and enforcing s106 obligations Part 5: Money claims and ADR

In the fifth and final article in Landmark Chambers’ series on varying and enforcing s. 106 obligations, James Maurici QC, Kate Olley, Heather Sargent, Matthew Henderson and Nick Grant mop up some miscellaneous matters by looking at money claims and other dispute resolution.
June 26, 2020

How to (lawfully) rename streets and remove statues

Ruchi Parekh highlights the relevant legal framework and some of the issues that councils will need to consider before amending their street names or removing statues.
June 12, 2020

Varying a s106 obligation

In the first in a series of articles to be published by a group of Landmark barristers over the coming weeks, Kate Olley looks at the variation and enforcement of s106 obligations.
June 12, 2020

The End of PFI or… a new dawn for local authority infrastructure investment?

Rob Hann assesses new guidance from the National Audit Office for public bodies as PFI contracts start coming to an end, and looks at what the future holds for local authority investment.
June 05, 2020

Decision time

Shivaji Shiva looks at government initiatives, as part of its response to the COVID-19 pandemic, to reshape our towns and cities for safer travel.
June 04, 2020

Gulliksen dead and McGeown fatally wounded?

Matthew White looks at the key points for highways authorities and claimants from an important Court of Appeal ruling this week.
June 01, 2020

Compulsory purchase in the time of coronavirus

Simon Randle, Vivienne Sedgley and Katharine Elliott analyse recent government guidance on compulsory purchase orders during the pandemic.
March 06, 2020

The role of judicial review applications in the CIL regime

A recent decision of Mr Justice Swift in the Planning Court will have a significant impact on the manner in which a Community Infrastructure Levy (“CIL”) is challenged and the stance taken by authorities in rebutting such challenges, writes Christopher Cant.
March 06, 2020

Heathrow Airport expansion and climate change policy

The Court of Appeal has declared the Heathrow expansion decision unlawful on climate change grounds. David Hart QC explains why.
December 13, 2019

Accidents arising from street furniture

A council has been fined £1.4m after a child suffered a life-changing head injury on a street bollard. Ridwaan Omar examines the lessons to be learned.
November 22, 2019

Traffic management orders and equalities impacts

The High Court has dismissed an equalities challenge brought by the trustees of the Central Gurdwara over the impact of a traffic management order on the Sikh Temple. Charles Streeten explains why.
November 08, 2019

Recovering costs after the lifting of automatic suspensions

Melanie Pears and Tim Care examine a case where a claimant bidder argued that the defendant contracting authority should not have all the costs of its successful application to lift an automatic suspension.
October 11, 2019

Procuring bike share schemes

Colin Murray and Bradley Martin set out how public bodies can procure bike share schemes - without reinventing the wheel.