EIAs are not on obstacle course for decision-makers. The purpose of an EIA is to improve environmental decision-making. The significance of an impact for assessment purposes is not legally distinct from that for determination purposes. So held in R ( Boswell ) v SoS ( 2024 ) EWHC 2128 ( Admin ).
STANDARD OF JUDICIAL REVIEW
August 29th, 2024 by James Goudie KC in Planning and EnvironmentalEnvironmental judicial review cases can attract a closer intensity of reasonableness review. There is however no rigid test for a uniformly heightened scrutiny. So held in R ( Fighting Dirty ) v Environment Agency ( 2024 ) EWHC 2029 ( Admin ).
PROCUREMENT
August 20th, 2024 by James Goudie KC in Decision making and ContractsThe Welsh Government has published Guidance on the Procurement Act 2023, the Social Partnership and Public Procurement ( Wales ) Act 2023, and the Health Services Procurement ( Wales ) Act 2024.
DUTIES OF CANDOUR AND DISCLOSURE IN JUDICIAL REVIEW
August 13th, 2024 by James Goudie KC in Judicial Control, Liability and LitigationIN PYANEANDEE v LEAN (2024) UKPC 27 Lady Simler observes at para 44 that , although there is a difference between the continuing duty of candour and the continuing duty of disclosure , the latter is often, in the broadest sense unnecessary, if the former duty is discharged to its fullest extent.
RATEABLE OCCUPIER
August 13th, 2024 by James Goudie KC in Council Tax and RatesIn Z v MOORE (2024) UKUT 204 ( LC ) a business unit comprised both a warehouse and an office. It is held to be a single hereditament. The parts were not sef contained and were not severable. There was a single territorial block. The uunit was physically a single whole with a paramount occupier.
PLANNING UNIT
August 13th, 2024 by James Goudie KC in Planning and EnvironmentalRICHMOND UPON THAMES LBC v ARIYO ( (2024) EWCA Civ 960 is concerned with the general principle of planning law that changes of use are generally judged by reference to the “ planning unit “.
The planning unit , at least in general terms, is the whole of an area in single occupation used for a main purpose to which other purposes are ancillary. The concept of an ancillary use is also a well-established part of planning law; and where a change of use is permitted it will generally extend to land used as ancillary to the changed use, if part of the same planning unit.
LOCAL AUTHORITIES AS TRUSTEES FOR CHARITIES
August 9th, 2024 by James Goudie KC in Decision making and ContractsThe Charity Commission has updated Guidance for Council Members and Officers when their Council is Trustee of a Charity. The Commission is seeing a “ significant number ‘ of cases where local authorities have failed to comply with their legal responsibilities a charity trustees. Common problems include changing the use or status of charitable land, or disposing of it, in a way that is not compatible with its charitable purpose.
The Guidance states that (1) it is important that authorities understand which of the assets they manage or own are charitable, and (2) they should then ensure that they are familiar with the different legal requirements and legal restrictions on actions in relation to assets that are charitable rather than simply owned.
The Guidance (1) outlines what is expected in the role of trustee, (2) gives advice on how to handle issues such as managing CONFLICTS OF INTEREST, (3) explains requirements in relation to filing Accounts, and (4) sets out rules around disposing of CHARITY LAND.
MEMBERSHIP OF A COMPANY
August 5th, 2024 by James Goudie KC in Capital Finance and CompaniesIt is necessary for a person who contends that their name has been wrongly taken off the Register of Members of a company to apply to the Court for a Order that the Register be rectified, with retrospective effect, putting them back on the Register, in place of the name of the person whose namely wrongly appears on the Register. So held in BLAND v KEEGAN (2024) EWCA Civ 934.