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Disclaimer

This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.

HOUSING TARGETS

July 31st, 2024 by James Goudie KC in Planning and Environmental

The Government has announced an overhaul of the planning system. Measures include to give all Councils in England new, mandatory, housing targets’ updating the method used to calculate housing targets, and requiring Councils to ensure houses are built in the right places and development is proportionate to the size of existing communities.

The default answer to brownfield development is to be : “ Yes. “ Land released in Green Belts is to be subject to “ golden rules”. Changes are to be made in relation to right to buy and capital receipts.

There will be a Planning and Infrastructure Bill, and revisions to the NPPF before the end of 2024.

NPPF

July 31st, 2024 by James Goudie KC in Planning and Environmental

A Government Consultation seeks views on revisions to the NPPF and on a number of wider planning policy reforms, including planning fees, Local Plan intervention criteria, and thresholds for Nationally Significant Infrastructure Projects.

NEW TOWNS

July 31st, 2024 by James Goudie KC in Housing

The Government has published a Policy Statement on a new generation of New Towns. These would be large scale communities of at least 10, 000 new homes each. Locations will be recommended within 12 months.

There will be a NEW TOWNS CODE. This will be a set of rules that developers will have to meet to make sure New Towns are well connected, well designed, sustainable and attractive.

EXTENSION OF TIME

July 29th, 2024 by James Goudie KC in Judicial Control, Liability and Litigation

RIDLEY v KIRTLEY ( 2024 ) EWCA Civ 884 holds that the exercise of discretion to extend time for the lodging of an appeal to the EAT should recognize the legally significant decision between the case of an appellant who lodged a notice of appeal and nearly all the required documents within the time limit, and one who lodged nothing until after the time limit had expired.

TUPE

July 29th, 2024 by James Goudie KC in Judicial Control, Liability and Litigation

In BICKNELL v NHS NOTTINGHAM (2024) EAT 103, applying NICHOLLS V CROYDON LONDON BOROUGH COUNCIL (2019) ICR 542, it is held that the commissioning of services is not itself an economic entity for the purposes of TUPE following a reorganisation, unless the person commissioning the services is also providing those services on the market. For commissioning to be an economic activity, the commissioner had to supply goods and services on the market. If NICHOLLS was wrong, that had to be corrected by the Court of Appeal.

RIVAL APPLICATIONS

July 24th, 2024 by James Goudie KC in Planning and Environmental

Where Lidl and Aldi had each applied for planning permission to develop a discount supermarket on different parcels of land outside a Town Centre, but within the same settlement, it had been unlawful for the LPA to have granted planning permission to Aldi without comparing its proposal to that of Lidl. The need to undertake a comparison is a ” material consideration” only if it is so obviously material that it would be irrational not to assess it. However, here that high threshold was met on the facts so held in LIDL v EAST LINDSEY DC (2024) EWHC 1641 ( Admin ).

VICARIOUS LIABILITY

July 23rd, 2024 by James Goudie KC in Judicial Control, Liability and Litigation

The question arising on the appeal in DJ v BARNSLEY MBC (2024) EWCA Civ 841 was whether a local authority can be vicariously liable for torts committed against a child by a foster carer who is also a relative of the child. This question was left open by the Supreme Court in ARMES v NOTTINGHAMSHIRE COUNTY COUNCIL (2018) AC 355. The Court of appeal in the Barnsley case held that, on the specific facts of that case, the authority was liable. That was on the basis that the relationship between the authority and the carers was akin to employment. The Court of Appeal did not however lay down a general rule that a local authority will always be vicariously liable for torts committed by foster carers who are related to the child. Nor did they give any indication about the circumstances in which vicarious liability might arise under the present legislation and regulatory regime.

CARAVAN SITE

July 23rd, 2024 by James Goudie KC in Land, Goods and Services

The appeal in TALLINGTON LAKES LTD v SOUTH KESTEVEN DC (2024) EWCA Civ 811 concerned the proper interpretation and application of the CARAVAN SITES AND CONTROL OF DEVELOPMENTS ACT 1960 (the 1960 Act). The issue was as to the payment of an annual site licence fee.

EIR

July 18th, 2024 by James Goudie KC in Environment, Highways and Leisure

In MOONEY v INFORMATION COMMISSIONER (2024) UK FTT 620 (GRC) the FTT upholds the Commissioner’s decision that Lincolnshire County Council as a Mineral and Waste Planning Authority was entitled to rely on exemptions in the Environmental Information Regulations 2004, including that the request for information about a new Local Plan related to material which is still “in the course of completion”, which was actively being worked upon, or will continue to be worked on within a reasonable time.

That there is a strong public interest in transparency in relation to the Council’s decision making processes, where the ultimate outcome of that process will be the placing of sites for working and extracting minerals. Given the potential impact on residents of a plant and bagging site near their homes, there is a clear public interest in transparency and in ensuring accountability for decisions taken by the Council. The wider environmental impact of the placing of a site also adds significantly to the public interest.

However, the extent to which this public interest is served by disclosure of this particular information at this particular time is limited. No final decision had been made. The time for public consultation on the proposed sites had not yet arrived. Information has been and will be placed in the public domain. The process has a built in opportunity for informed scrutiny and challenge by the public at a later date before any final decisions are taken in relation to sites.

On the other hand, the FTT accepted that there is a need for a safe place for the Council to develop ideas, debate issues and reach decisions away from external interference and distraction. They accepted that good governance is served by officers being able to fully engage with each other and third parties away from public scrutiny. While a process is ongoing. This carries significant weight where the process is at an early stage, as in this case. The FTT find that there is a strong public interest in maintaining the exception, and that, at the date of response to the request, even taking full account of the presumption of disclosure, the public interest clearly favoured maintaining that exception.

WALES

July 18th, 2024 by James Goudie KC in Council Tax and Rates

The Local Government ( Wales ) Bill has been passed. It reforms council tax and non-domestic rates in Wales.

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