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If a local authority successfully quashes its own decision to grant planning permission for failure to notify neighbours, when considering the application again, is it obliged to notify all neighbours or just the residents who were omitted on the first occasion?
Q&As
Before determining a planning application, a local planning authority (LPA) must undertake a period of consultation to gather views on the proposed development. This includes public consultation, during which all members of the public are invited to submit representations. To facilitate that process, an LPA is required to publicise the planning applications that it receives. Statutory provisions Section 65 of the Town and Country Planning Act 1990 (TCPA 1990) provides: ‘…(1) A development order may make provisions requiring— (a) notice to be given of any application for planning permission… (b) […] and provide for publicising such applications… […] (5) A local planning authority shall not entertain an application for planning permission…unless any requirements imposed by virtue of this section have been satisfied’ The Town and Country Planning (Development Management Procedure) (England) Order 2015,
If a local authority uses CPO powers to acquire land to allow regeneration within its area will existing rights that would interfere with that development be automatically extinguished or would section 203 need to be relied on?
Q&As
Unless there is express statutory power to do so, a compulsory purchase of land does not authorise the acquisition of adverse interests in, or rights over, the land to be acquired, which benefit land not being acquired. While such adverse interests or rights continue to bind the land compulsorily acquired, they are not exercisable
If a local authority wants to change the designation of a piece of land owned by it from open space use to educational use, is there a formal process to be followed?
Q&As
The council has powers under section 122 of the Local Government Act 1972 (LGA 1972) to appropriate land. LGA 1972, s 122(1) provides that: ‘a principal council may appropriate for any purpose for which the council are authorised by this or any other enactment to acquire land by agreement any land which belongs to the council and is no longer required
If a local housing authority obtains an IMO/FMO under the Housing Act 2004, can it evict any tenants currently in occupation (subject the grounds being made out—eg non-payment of rent, works required or because the property is in an unsafe condition). Alternatively, if the property is in an unsafe condition and a prohibition order has been served and not complied with, is there any basis upon which the LA can evict tenants from the unsafe property?
Q&As
If the local authority obtains an Interim Management Order (IMO), the authority: • has the right to possession of the house (subject to the rights of existing occupiers) • has the right to do (and authorise a manager or other person to do) in relation to the house anything which a person having an estate or interest in the house would (but for the order) be entitled to do The local authority has similar powers where a Final Management Order (FMO) has been made (see section 116(3) of Housing Act 2004 (HA 2004)). Therefore,
If a local resident has placed plastic/metal spikes on top of his own fence (which adjoins a publicly maintained pavement) and is being deemed as a nuisance—would this be covered under section 164 of the Highways Act 1980? If not, would the Council need to seek the resident to remove the spikes under the Occupiers Liability Acts?
Q&As
Section 164 of the Highways Act 1980 (HiA 1980) provides that where on land adjoining a highway there is a fence made with barbed wire, or having barbed wire in or on it, and the wire is a nuisance to the highway, the highway authority may by notice served on the occupier of the land require him to abate the nuisance within a time period of between one and six months from the date of the notice. 'Barbed wire' is defined in HiA 1980, s 164(1)(2) as being wire with spikes or jagged projections; and barbed wire is to be deemed to be a nuisance to a highway
If a long residential lease is silent as to the ownership of the windows, would the freeholder or leaseholder be responsible for their maintenance?
Q&As
In this situation, there is also the third possibility that neither of them is responsible. To begin with, even if the word ‘window’ (or something similar) does not expressly appear as part of the defined subject-matter which comes within either the landlord’s or the tenant’s repairing covenant, the subject-matter may still include windows. Various generic descriptions of subject-matter may be construed to include the windows. For example: • the ‘structure’ of a building may include the windows (Irvine v Moran, decided for the purposes of section 11 of the Landlord and Tenant Act 1985; but compare Pattrick v Marley Estates Management where the windows were held not to be part of the ‘main structure’ of the building) • obligations in relation to the ‘exterior’ of a building
If a looked after child over the age of 18 leaves or is deported from the UK, does the local authority care responsibility cease to exist?
Q&As
This Q&A refers to the continuing duties a local authority has to former relevant children, as set out in by sections 23A–24B of the Children Act 1989 (ChA 1989). Local authority duties to a former relevant child A former relevant child is a child who was a relevant child and has attained the age of 18 years. For an explanation as to what constitutes a relevant child for these purposes, see the information under heading ‘The relevant child’ of Practice Note: Local authority duties for advice and assistance for certain children and young persons [Archived].
If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver?
Q&As
When it comes to statutory protections available to those engaged in industrial action or picketing: • statutory immunity is provided against liability in relation to economic or industrial torts for those involved in industrial action with their employer, which is done in contemplation or furtherance of a trade dispute (as defined), and which complies with specific balloting and notification conditions (see Practice Notes: The right to take industrial action and Balloting for and employer notification of industrial action) • protection against dismissal is potentially available for those participating in such industrial action (see Practice Note: Entitlement to claim unfair dismissal, particular the main section dealing with Dismissal in connection with a strike or lock-out) • there is a
If a main applicant is applying for accelerated settlement after three years because they are on a Tier 1 Exceptional Talent Visa, can their spouse also apply for accelerated settlement? If the spouse cannot apply for accelerated settlement, what options are open to them to remain in the UK?
Q&As
Tier 1 Exceptional Talent applicants are sorted into two categories: • exceptional promise applicants, who are often at an early stage in their career but show real potential to become a world leader; and • exceptional talent applicants, who are more established in their field and have already demonstrated world leading abilities Exceptional promise applicants have a five-year settlement route. Immigration Rules, Part 6A, para 245BC allows for anything from one year to five years to be granted as entry clearance (replicated for leave to remain at Immigration Rules, Part 6A, para 245BE), but Immigration Rules, Part 6A, para 245BF(c)(2) makes clear that a full five years’ UK residence must be completed if the applicant’s last endorsement by a Designated Competent Body (DCB) was under that body’s criteria
If a maintained diocesan school closes permanently and the governing body dissolves, who owns the assets within the property, such as IT equipment?
Q&As
The answer to this Q&A depends on the reason why the diocesan school has closed. If the diocesan school has academised, then the assets of the school will be transferred to the academy trust. The assets previously belonging to the diocesan school will be transferred to the academy trust.
If a maintenance company entered into a deed of covenant with flat owners to ensure the communal areas of the property are well maintained, but the management company have failed to adhere to the deed, how can this positive covenant be enforced?
Q&As
The flat owners as parties to the deed of covenant can bring a claim for specific performance seeking that the maintenance company performs its obligations. Alternatively damages are available for breach of the contract. If the flat owner is an assignee of the original flat owner covenantee,
If a married UK national enters into an opposite sex civil partnership in Brazil, does this amount to bigamy?
Q&As
Bigamy is a criminal offence in England and Wales and is therefore outside the scope of the coverage of Family. Section 57 of the Offences Against The Person Act 1861 (OATPA 1861) provides that: ‘Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of [an offence], and being convicted thereof shall be liable to [imprisonment] for any term not exceeding seven years .: Provided, that nothing in this section contained shall extend to any second marriage contracted elsewhere