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Top-up fees: a growing risk for councils

Councils need to be careful to ensure that they handle top-up fees for care correctly, writes Lisa Morgan.
December 22, 2025
Top-up fees: a growing risk for councils

Prohibitions orders, assessments and the HSSRS

The Upper Tribunal (Lands Chamber) has given guidance as to the conduct of assessments under the Housing Health and Safety Rating System. Josef Cannon KC and Riccardo Calzavara examine the judgment.
December 18, 2025
Prohibitions orders, assessments and the HSSRS

Highways, kerbs and intervention levels

Tom Danter reports on a recent case where the claimant alleged there was a dip in a kerbstone that caused her to ball but the defendant local authority was able to put forward a successful section 58 defence.
December 18, 2025
Highways, kerbs and intervention levels

The status of co-opted members

Geoff Wild considers the legal status of non-councillor members of local authority committees.
December 18, 2025
The status of co-opted members

Open Justice Principle – Where are the lines drawn in care proceedings?

The Court of Appeal recently sought to emphasise the limits of the open justice principle, specifically in the context of care proceedings under the Children Act 1989. Jemimah Hendrick analyses the ruling.
December 17, 2025
Open Justice Principle – Where are the lines drawn in care proceedings?

Teacher dismissed after joking about 'whacking' a pupil: was the decision fair?

Is it okay for a teacher to joke about ‘whacking’ a pupil? That's what happened in a recent case and resulted in the teacher being dismissed. The main question the tribunal had to decide was whether the dismissal fell within the range of reasonable responses open to the school,…
December 17, 2025
Teacher dismissed after joking about 'whacking' a pupil: was the decision fair?

Fear of harm and plans for adoption

The Court of Appeal recently set aside care and placement orders in respect of a two-year-old boy, concluding that the deficiencies in the parenting that he was likely to receive from his mother were not of a nature and degree to justify the termination of the parent/child…
December 17, 2025
Fear of harm and plans for adoption

Issues Resolution Hearings, threshold criteria and adequacy of reasons

The Court of Appeal has allowed an appeal over a short form of judgment delivered at the conclusion of an IRH disposing of public law proceedings which were by then effectively uncontested, finding that the parties were left in a state of ignorance as to the basis on which the…
December 17, 2025
Issues Resolution Hearings, threshold criteria and adequacy of reasons

Foster carers and manifestation of religious belief

The High Court recently rejected a claim brought by Evangelical Christians against a city council under the Human Rights Act 1998 and the…
Dec 16, 2025
Foster carers and manifestation of religious belief

Judging the use of AI

Francesca Whitelaw KC highlights key points from recent guidance and authorities on the use of AI in legal practice.
Dec 12, 2025
Judging the use of AI

Natural justice and costs in the Court of Protection

A recent case raises questions about the fitness for purpose of a key plank of the costs provisions contained in the Court of Protection…
Dec 12, 2025
Natural justice and costs in the Court of Protection

Costs, detailed assessment and misconduct

A costs judge recently considered - in a case involving a council – the recovery of costs under a consent order, and the impact of…
Dec 12, 2025
Costs, detailed assessment and misconduct

Airport expansion, EIAs and emissions

Estelle Dehon KC, Ruchi Parekh, and Hannah Taylor look at the lessons from the High Court’s recent dismissal of a challenge to approval for…
Dec 10, 2025
Airport expansion, EIAs and emissions

The Autumn Budget and Public-Private Partnerships

Are we moving forward with a new Public-Private Partnerships model for social infrastructure? Michael Mullarkey looks at what is proposed.
Dec 10, 2025
The Autumn Budget and Public-Private Partnerships

Calculation of Biodiversity Net Gain

The High Court recently refused judicial review of decision to redevelop Bristol Zoo Gardens, providing guidance on Biodiversity Net Gain,…
Dec 09, 2025
Calculation of Biodiversity Net Gain

The new National Licensing Policy Framework

The National Licensing Policy Framework is intended to ensure a licensing system that protects and safeguards communities, but also…
Dec 09, 2025
The new National Licensing Policy Framework

Caravan site licensing and planning control

The Court of Appeal has confirmed that caravan site licensing must operate “in harmony” with planning control. Anna Stein analyses the…
Dec 09, 2025
Caravan site licensing and planning control

From 1925 to 2025

Paul Wilmshurst looks at the Law of Property Act 1925’s journey through a transformative century (and beyond).
Dec 05, 2025
From 1925 to 2025

Self-neglect and capacity

James Arrowsmith and Julia Catherall set out some insights from recent regulatory and safeguarding adult reviews.
Dec 04, 2025
Self-neglect and capacity

The lost enforcement of section 21

One of the less obvious benefits of the section 21 regime has been its substantial effect as an enforcement tool to drive good landlord…
Dec 03, 2025
The lost enforcement of section 21

Dec 03, 2025

Housing case alert - November 2025

Paul Lloyd, Gavinder Ryait and Sarah Christy round up the latest housing law rulings of interest to local authorities and housing…
Dec 03, 2025

Section 21 - It’s not over yet

Toby Vanhegan and Ayesha Omar report on a successful appeal over the validity of a section 21 notice served by a registered provider of…
Dec 02, 2025

Inquests and Housing 

Julia Jones and Emily Bridge provide some practical tips for housing providers in relation to managing the inquest process.
Nov 27, 2025

Growing apart?

For centuries, England and Wales have shared a single legal jurisdiction, with both countries operating under one unified system of courts…
Nov 27, 2025

Political and mayoral assistants

Political and mayoral assistants will potentially play an increasingly important role in the post-LGR/devolution landscape. Geoff Wild sets…
Nov 27, 2025

PFI expiry and employees

What happens to staff when the PFI contract ends? Katie Maguire sets out some key considerations.
Nov 21, 2025

Enjoying the challenge

LLG President Paul Turner has worked in local government throughout his legal career. Philip Hoult talks to him about what drew him into…
Nov 21, 2025

Dispersal of asylum seekers

The High Court has dismissed the challenge by Coventry City Council to the accommodation of asylum seekers in its area. Paul Brown KC…
Nov 20, 2025

Facts still very much matter

Stephen Williams analyses three recent Court of Appeal rulings that should be required reading for public law practitioners.
Nov 20, 2025

Faith-based oversubscription criteria

The High Court recently upheld faith-based oversubscription criteria in school admissions arrangements. Laura Berman and Michael Brotherton…
Nov 20, 2025

Granting of parental responsibility

Gary Fawcett looks at the key points from a recent ruling by a district judge on whether a father should be granted parental responsibility.
Nov 10, 2025

Article 4 Directions in Wales

The first Article 4 Direction in Wales was successfully challenged in the High Court. Eleri Griffiths looks at the lessons from the case.
Nov 10, 2025

Not all fun and games

The unknown impact of a multi-use games area (MUGA) recently prevented residential development. Lucy McDonnell analyses the inspector’s…
Nov 06, 2025

Zip-wires in caverns

A recent High Court case involving a proposed visitor attraction in the Lake District explored national park duties and the ‘Sandford…
Nov 06, 2025

From the front line of HMO licensing

Dr Dan Jacklin raises a series of considerations relevant to prosecuting authorities and landlords on effectively managing HMO-related…

Ministers have published new guidance stressing that Green Belt boundaries – once established – should only be altered in exceptional cases, through the preparation or review of a council’s Local Plan.

The Department for Communities and Local Government also highlighted how the guidance states that housing need – including for traveller sites – does not justify harm done to the Green Belt by inappropriate development.

Ministers said use by councils of the Local Plan, “drawing on protections in the National Planning Policy Framework”, would enable them to “safeguard their local area against urban sprawl, and protect the green lungs around towns and cities”.

The guidance, which can be viewed here, includes the following questions:

"Do housing and economic needs override constraints on the use of land, such as green belt?

The National Planning Policy Framework should be read as a whole: need alone is not the only factor to be considered when drawing up a Local Plan.

The Framework is clear that local planning authorities should, through their Local Plans, meet objectively assessed needs unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole, or specific policies in the Framework indicate development should be restricted. Such policies include those relating to sites protected under the Birds and Habitats Directives, and/or designated as sites of special scientific interest; land designated as green belt, local green space, an area of outstanding natural beauty, heritage coast or within a national park or the Broads; designated heritage assets; and locations at risk of flooding or coastal erosion.

The Framework makes clear that, once established, green belt boundaries should only be altered in exceptional circumstances, through the preparation or review of the Local Plan.

Do local planning authorities have to meet in full housing needs identified in needs assessments?

Local authorities should prepare a Strategic Housing Market Assessment to assess their full housing needs.

However, assessing need is just the first stage in developing a Local Plan. Once need has been assessed, the local planning authority should prepare a strategic housing land availability assessment to establish realistic assumptions about the availability, suitability and the likely economic viability of land to meet the identified need for housing over the plan period, and in so doing take account of any constraints such as green belt, which indicate that development should be restricted and which may restrain the ability of an authority to meet its need."

Communities Secretary Eric Pickles said: “This government has been very clear that when planning for new buildings, protecting our precious green belt must be paramount. [This] guidance will ensure councils can meet their housing needs by prioritising brownfield sites, and fortify the green belt in their area.”

Planning Minister Brandon Lewis added: “We have put Local Plans at the heart of the reformed, planning system, so councils and local people can now decide where development should and shouldn’t go.

“Support for new housing is growing, because communities welcome development if it is built in the right place and does not ignore their needs.”

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Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.