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Local Government Lawyer

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Establishing relevant defects under
the Building Safety Act

 

 

 

 

 

 

 

 

 

The First Tier Tribunal has provided helpful clarity on what amounts to a
“relevant defect” for the purposes of Remediation Orders and Remediation
Contribution Orders under the Building Safety Act 2022, writes Sarah Grant.

Establishing relevant defects under
the Building Safety Act

 

 

 

 

The First Tier Tribunal has provided helpful clarity on what
amounts to a “relevant defect” for the purposes of
Remediation Orders and Remediation Contribution
under the Building Safety Act 2022, writes Sarah Grant.

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The Employment Rights Act 2025:
What Public Sector Employers Need to Know

 

 

 

 

 

 

 

 

Many of the changes in the Employment Rights Act 2025 will have a significant
operational and financial impact on public sector employers, particularly
local authorities and schools, where large workforces, high levels of unionisation
and public accountability increase exposure to risk.

The Employment Rights Act 2025:
What Public Sector Employers Need to Know

 

 

 

Many of the changes in the Employment Rights Act 2025 will
have a significant operational and financial impact on public
sector employers, particularly local authorities and schools,
where large workforces, high levels of unionisation and
public accountability increase exposure to risk.

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The Practical impact of the Procurement Act 2023
– the challenges, the benefits and the legal lacunas

 

 

 

 

 

 

 

 

In the second of three articles for Local Government Lawyer on the Procurement
Act 2023 one year after it went live, Katherine Calder and Victoria Fletcher from
DAC Beachcroft consider some of its practical impact and implications, including
how to choose the right regime, how authorities are tackling the notice requirements,
considerations when making modifications, and setting and monitoring KPIs.

The Practical impact of the Procurement
Act 2023 – the challenges, the benefits
and the legal lacunas

 

 

 

 

Katherine Calder and Victoria Fletcher from DAC Beachcroft
consider some of its practical impact and implications,
including how to choose the right regime, how authorities
are tackling the notice requirements, considerations when
making modifications, and setting and monitoring KPIs.

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Weekly mandatory food
waste collections

 

 

 

 

 

 

 

 


What are the new rules on food waste collections and why are
councils set to miss the March deadline? Ashfords’ energy
and resource management team explain.

Weekly mandatory food
waste collections

 

 

 

 


What are the new rules on food waste collections and why are
councils set to miss the March deadline? Ashfords’ energy
and resource management team explain.

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The Procurement Act 2023: One Year On -
How procurement processes are evolving

 

 

 

 

 

 

 

 

 

Katherine Calder and Sarah Foster of DAC Beachcroft focus on
changes to procurement design at selection and tender stage in
three key areas of change that the Act introduced.

The Procurement Act 2023: One Year On -
How procurement processes are evolving

 

 

 

 

 

Katherine Calder and Sarah Foster of DAC Beachcroft focus on
changes to procurement design at selection and tender stage in
three key areas of change that the Act introduced.
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Service charge recovery
and the Building Safety Act 2022

 

 

 

 

Zoe McGovern, Sian Gibbon and Caroline Frampton set out
what local authorities need to consider when it comes to
the Building Safety Act 2022 and service charge recovery.

Service charge recovery
and the Building Safety Act 2022

 

 

 

 

 

 

 

 

Zoe McGovern, Sian Gibbon and Caroline Frampton set out
what local authorities need to consider when it comes to
the Building Safety Act 2022 and service charge recovery.

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Fix it fast: How “Awaab’s Law”
is forcing action

Eleanor Jones sets out
what "Awaab's Law"
will mean in practice
for social landlords.

Fix it fast: How “Awaab’s Law”
is forcing action

Eleanor Jones sets out
what "Awaab's Law"
will mean in practice
for social landlords.

Assets of Community Value – a sporting revolution

Proposed reforms to the Assets of Community Value regime, particularly in respect of sports grounds, are important for local authorities to understand, writes Sadie Pitman.
April 17, 2026
Assets of Community Value – a sporting revolution

A new generation of development corporations

In the first in a series of articles, Thomas Horner looks at the role development corporations could play in delivering the new towns agenda.
April 17, 2026
A new generation of development corporations

Titchfield Festival Theatre - the new chapter. Or not, as it happens

The Court of Appeal recently clarified how s.57(4) of the Town and Country Planning Act 1990 applies when an enforcement notice is issued but planning permission is not required for some of the land concerned to revert to its lawful use immediately before an alleged breach.…
April 17, 2026
Titchfield Festival Theatre - the new chapter. Or not, as it happens

Housing offences and increased penalties

David Smith looks at whether the Sentencing Council’s proposed sentencing guidelines for offences related to housing will change local authorities’ approach to enforcement.
April 17, 2026
Housing offences and increased penalties

Permission for Take Off: £205m Cardiff Airport Subsidy Authorised by the CAT

This week saw the Competition Appeal Tribunal (“CAT”) hand down judgment in the case of Bristol Airport Limited v Welsh Ministers [2026] CAT 30. It’s a subsidy control case of particular interest, as it is the first to interrogate the level of detail required from the assessment…
April 16, 2026
Permission for Take Off: £205m Cardiff Airport Subsidy Authorised by the CAT

New Regulations for the Use of AI in Court Documents?

Fred Groves and Christopher Watkins provide insight into growing judicial concern about accuracy, professional responsibility and the efficient administration of justice in the face of Artificial Intelligence.
April 16, 2026
New Regulations for the Use of AI in Court Documents?

Children law update - Easter 2026

Michael Jones KC analyses the latest public law children cases of interest to practitioners.
April 15, 2026
Children law update - Easter 2026

Officer reports and decisions to close care homes

The Court of Appeal has confirmed the lawfulness of Kirklees Council’s decision to sell two adult care homes to a private provider. Peter…
Apr 15, 2026
Officer reports and decisions to close care homes

Ordinary residence - Worcestershire revisited?

Peggy Etiebet and Lee Parkhill analyse the amendments to section 117(3) of the Mental Health Act 1983 by the Mental Health Act 2025.
Apr 15, 2026
Ordinary residence - Worcestershire revisited?

Good practice in post-adoption contact

A Family Court judge has provided key guidance on post-adoption contact. Natalie Oakes sets out the main points from the ruling.
Apr 15, 2026
Good practice in post-adoption contact

The neighbourhood health framework

James Arrowsmith makes some initial observations for social care providers on the neighbourhood health framework.
Apr 15, 2026
The neighbourhood health framework

Public money and double recovery

The Administrative Court recently quashed a decision by a council to refuse to fund a disabled adult’s care needs and to seek repayment of…
Apr 14, 2026
Public money and double recovery

The new Housing Streamlined Route

Alexander Rose and Kanyinsola Lawal explain how public authorities can make use of the new 'Streamlined Route' for housing and assess…
Apr 14, 2026
The new Housing Streamlined Route

Planning committees and delegation

The government’s proposed reforms to planning committees and delegation could herald a new councillor–officer dynamic, writes Nagla Stevens.
Apr 09, 2026
Planning committees and delegation

Injunctions to restrain breaches of planning control

Mark O’Brien O’Reilly reports on a council’s successful application for a final injunction with both mandatory and restraining elements…
Apr 09, 2026
Injunctions to restrain breaches of planning control

Who bears the burden?

The High Court has confirmed the law on proving whether advertising consent has been obtained. Chris Jeyes considers the judgment.
Apr 08, 2026
Who bears the burden?

Lawfulness and applications for a CLEUD

The High Court has confirmed that lawfulness is to be determined as at the date of the application for a CLEUD. Jonathan Welch analyses the…
Apr 08, 2026
Lawfulness and applications for a CLEUD

The Cardiff Airport subsidy control ruling

The UK’s first aviation Subsidy Control case has been decided in favour of the Welsh Government. Alexander Rose considers the key elements…
Apr 08, 2026
The Cardiff Airport subsidy control ruling

Greyhound racing and the separation of powers

A recent judgment from the Administrative Court in Wales contains several points of interest for constitutional and public law…
Apr 07, 2026
Greyhound racing and the separation of powers

Dispensing with notice to father

It is vital that those representing local authorities or vulnerable parents understand the evidentiary threshold and procedural safeguards…
Apr 02, 2026
Dispensing with notice to father

Court of Protection case update April 2026

Lamis Fahad and Caitlin Smithey round up the latest Court of Protection judgments of interest to practitioners.
Apr 02, 2026
Court of Protection case update April 2026

Mar 31, 2026

Defective but not fatal

Craig Leigh looks at the Court of Appeal case of Duffy v Birmingham City Council, which involved an underlying housing conditions claim,…
Mar 26, 2026

The role of the backbench councillor

Backbench councillors in local authorities with a Leader/Cabinet model are often regarded as having little or no power to influence or take…
Mar 18, 2026

The powers of exclusion panels

On 5 March 2026, the High Court gave judgment in a case concerning two permanent exclusions. The judgment provides detailed consideration…
Mar 18, 2026

Removal from kinship care

A Family Court judge recently decided that a local authority’s removal of a six-year-old boy from his aunt’s care was wrongful. Eleanor…
Mar 13, 2026

Adoption vs long-term fostering

The Court of Appeal has dismissed an appeal by a local authority over a judge’s decision to refuse to make a placement order at the…
Mar 13, 2026

Care leavers and redaction of records

Is redaction of records necessary for privacy, or a cause of harm and frustration? Peter Garsden of the Access to Care Records Campaign…
Mar 13, 2026

Planning appeals and costs awards

Christopher Moss covers a recent judgment in which the Court of Appeal considered whether a Local Planning Authority had behaved…
Mar 12, 2026

The latest Sizewell C JR

The Court of Appeal recently refused permission to appeal in the latest Sizewell C judicial review, with the application certified as being…
Mar 06, 2026

Disclosure to the DBS

The High Court recently ordered a local authority to disclose to the Disclosure and Barring Service (DBS) findings made by the Family Court…

Reading Borough Council is set to remove permitted development rights (PDRs) which allow developers to convert office buildings into homes without the need for planning permission.

The local authority's lead councillor for planning, Cllr Micky Leng, said that blocking PDRs will help ensure that "all developments go through the democratic planning process".

However, the decision, which councillors are scheduled to take next week (31 October), comes just a week after the Government curbed the attempts of three other councils to block PDRs.

In a statement Reading said it "strongly opposes" PDRs as they can lead to people living in areas considered "wholly inappropriate" as a place to live, due to noise, disturbance and air quality issues, leading the council to "pick up the pieces at public expense".

The council added that flats which were previously office accommodation are "often substandard, poor-quality conversions", with too many of the homes being one-bedroom or studio flats, "completely ignoring" the identified need for different sized homes set out in the council's Local Plan.

It also claimed that PDR is estimated to have cost the town nearly 600 new affordable homes, along with the loss of at least £3.5 in off-site contributions to affordable housing.

The council noted that a further £4m in planning fees and education, leisure and transport contributions, had been lost since 2013.

The liberalised planning rules came into force in August 2021 when the Government created a new class of permitted development, after inserting "Class MA" into Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015.

The class permits the conversion of commercial buildings, including office blocks, to housing without planning permission.

Since then, a number of councils have attempted to disapply Class MA for selected areas by making an immediate direction under Article 4(1) of the General Permitted Development Order.

However, the Secretary of State for Levelling Up, Housing and Communities retains powers to modify or cancel Article 4 directions. Currently, more than 10 Article 4 directions have been modified.

Last week (18 October), Welwyn Hatfield Borough Council, Harlow Council and Lambeth Council became the latest local authorities to have their efforts to block office conversions curtailed.

In each case, the Government modified the Article 4 direction for either not taking "a sufficiently targeted approach in the assessment of the need to protect local amenity or the well-being of the area" or not taking "a sufficiently targeted approach in the assessment of the wholly unacceptable adverse impacts of the permitted development right in each location".

Reading noted that it had engaged in discussions with the Department for Levelling Up, Housing and Communities (DLUHC) and submitted further evidence to reduce the scope of its original proposals.

It said that while no response has yet been forthcoming from Government, "the DLUHC has advised the best approach is to proceed with the Article 4 Direction, and the Secretary of State can cancel the direction if they choose to".

Cllr Leng said: "Having seen first-hand the detrimental impact the use of these planning laws can have on communities, Reading is now taking a stand".

"Owners and developers have been riding roughshod over the views of neighbours and the local planning process for too many years. Their motivation is profit and they often have little or no interest in the views of people who live in the vicinity of these developments."

He later added: "This is about fairness and ensuring all developments go through the correct democratic planning process, which should be the same process whether you are an owner or a larger developer."

Adam Carey

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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.

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