The Secretary of State for Business has laid before Parliament two Statutory Instruments: the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, and the Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022.
Charging for Leisure Facilities
June 24th, 2022 by James Goudie KC in Environment, Highways and LeisureIn R (Efthimiou) v City of London (2022) EWHC 1588 (Admin) the lawfulness of an updated charging and fee collection policy for the Hampstead Ladies@ Pond was upheld. The challenge by a disabled swimmer failed. At para 119 and following the Judge said that, as a general principle, charging for leisure facilities is fundamentally fair and reasonable. The revised charges, albeit significant, are heavily subsidised and relatively modest.
Planning and Environmental Exempt Information
June 17th, 2022 by James Goudie KC in Planning and EnvironmentalThe statutory framework for access to information at principal local authority meetings, including when the public may be excluded, as in Stride v Wiltshire Council (2022) EWHC 1476 (Admin), is set out in the Local Government Act 1972. Section 101A provides for such a meeting to be open to the public unless excluded by Resolution.
Human Rights – R (Z) v Hackney LBC
June 17th, 2022 by James Goudie KC in HousingIn R (Z) v Hackney LBC (2020) UKSC 40, (2020) P.T.S.R. 1830, the Supreme Court held that a charitable housing association’s allocation policy, which effectively means that it allocated housing only to applicants from the Orthodox Jewish community, including some nominated by the local authority, was a legitimate and proportionate means of meeting the housing needs of members of that community authority’s area, and was therefore not unlawfully discriminatory.
Civil Procedure Rules
May 30th, 2022 by James Goudie KC in Judicial Control, Liability and LitigationIn PRIMAVERA ASSOCIATES LTD V HERTSMERE BOROUGH COUNCIL (2022) EWHC 1240 (Ch) the defendant local planning authority applied, with partial success, to strike out a witness statement made on behalf of the claimant property development company. The claimant alleged that the Council had been negligent in its planning process. Written statements are to contain evidence that the maker would be allowed to give orally. They are not to provide commentary on documents or engage in argument or include opinion. They must state how well the witness personally recalls the matter addressed and provide details of documents used to refresh memory in respect of matters of fact. They can provide relevant background information known to the witness.
Public Benefit Requirement
May 30th, 2022 by James Goudie KC in Council Tax and RatesThe Supreme Court has, on 27 May 2022, given the Council permission to appeal in the important case of Merton LBC v Nuffield Health. The case is on qualifying for mandatory charitable relief from non-domestic rates. The majority of the Court of Appeal, (2021) EWCA Civv826, held that the question of public benefit does not need to be assessed separately for each site on which a charity carries out its charitable activity.
The Procurement Bill
May 25th, 2022 by James Goudie KC in Decision making and ContractsThe Procurement Bill has 13 Parts and 11 Schedules, and runs to 122 pages. Part 1 contains key definitions. Part 2 sets out principles and objectives.
Planning Decision
May 25th, 2022 by James Goudie KC in Planning and EnvironmentalIn R (Goesa) Ltd v Eastleigh BC (2022) EWHC 1221 (Admin) Holgate J. sets out the statutory framework in relation to a grant of planning permission as follows:-
Paris Agreement
May 24th, 2022 by James Goudie KC in Environment, Highways and LeisureIn BUTLER-SLOSS v CHARITY COMMISSION (2022) EWHC 974 (Ch) the Court considered the relationship between the investment powers and duties of charitable trustees and the charitable purposes of the particular charity. Policies were ruled lawful that would exclude, so far as possible, investments that were not aligned with the goals of the Paris Agreement on Climate Change.
Overlapping Regulatory Regimes
May 24th, 2022 by James Goudie KC in Planning and EnvironmentalIn R (Vanbrugh Court Residents Association) v London Borough of Lambeth (2022) EWHC 1207 (Admin) a judicial review challenge to a grant of planning permission fails. The permission was for a roof level extension to a four storey block of flats so as to provide sixteen additional residential units and five external lifts. Thornton J. summarises the legal frameworks on material considerations (paras 18-22), overlapping regulatory regimes (para 23), duty of sufficient inquiry (para 24), the Court’s review of Planning Officer Reports (para 25), and interpretation of planning policy (para 26). A local planning authority is entitled to place reliance on the effective operation of other regulatory regimes, but must assess them sufficiently so as to be able to satisfy itself that the other regulatory regime is capable of regulating the relevant issues. The existence of the other regulatory regime is a material planning consideration, to be weighed in the balance. Thornton J. adds (para 39) that the existence of the building control regime was a material planning consideration, to be weighed in the balance. It was open to the Council to place reliance upon the effective operation of the regime in determining the planning application, provided it satisfied itself that the building control regime was capable of regulating the relevant issues.