Regulatory

Local authority enforcement powers and domestic beekeeping

Dan Jacklin provides a detailed analysis of the enforcement powers available to local authorities in relation to domestic beekeeping. Read more

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Jul 02, 2025

First Tier Tribunal issues lifetime banning order for four landlords

West Northamptonshire Council has secured lifetime banning orders under the Housing and Planning Act 2016 for four landlords after a council investigation uncovered a rent-to-rent scheme.

Jun 20, 2025

London borough appeared “very confused” as to correct approach on designating illegal landfill as “contaminated land”, High Court finds

The High Court has told Havering Council to reconsider its decision not to identify an illegal landfill as 'contaminated land', after raising concerns that the London borough appeared "to have been very confused about the correct legal approach" to the site.

Jun 06, 2025

Tribunal raps council after quashing fixed penalty notice imposed on resident for not placing bins within curtilage of property

Hartlepool Borough Council has been criticised by a judge for an “utterly contemptuous” response to a case brought by a resident over the positioning of a dustbin.

Jun 04, 2025

Animal sanctuary wins court fight with council to keep lemurs

The high-profile founder of a private animal sanctuary has won an appeal against a decision by Uttlesford District Council to refuse her application to keep ring-tailed Lemurs.

May 30, 2025

High Court grants permission for judicial review over alleged regulatory failings of Environment Agency in respect of landfill site emissions

The High Court has agreed to hear a judicial review challenge against the Environment Agency over its alleged regulatory failings in respect of a landfill site that has been a long-running source of complaints over pollution.

May 13, 2025

Strengthen local authority capacity to enforce PRS energy efficiency regulations, says Chartered Institute of Housing

The Chartered Institute of Housing (CIH) has urged the Government to increase local authority capacity when it comes to enforcement of energy efficiency regulations affecting the private rented sector (PRS).

May 02, 2025

Council prosecution sees man fined over noisy cockerel

A man who breached a noise abatement notice after failing to silence his cockerel has been handed a £200 fine and ordered to pay £3,650 in legal costs.

Apr 30, 2025

Red tape hampering council enforcement against fly-tipping to be cut, Defra says

The Government has promised a fresh crackdown on "cowboy waste operators" to tackle fly-tipping, alongside plans to "slash red tape" blocking councils from seizing and crushing vehicles involved in offences.

Apr 28, 2025

HSE prosecution sees social housing provider fined £140k over exposure of employees to risks from vibrating tools

Social landlord Stonewater has been fined £140,000 after two employees were diagnosed with Hand Arm Vibration Syndrome (HAVS).

Apr 24, 2025

Court of Appeal rejects appeal by traders over convictions for selling counterfeit goods

The Criminal Division of the Court of Appeal has upheld jail sentences imposed in a case brought by City of Wolverhampton Council against counterfeit traders, saying one aspect of the appellants' argument lacked “any sense of reality”.

Apr 17, 2025

County council hit with £6m fine over busway deaths

Cambridgeshire County Council has been fined £6 million after pleading guilty to serious safety failings on its guided busway that led to three deaths and multiple injuries.

Apr 11, 2025

Council fined £200k after man injured installing town’s Christmas tree

Bury Metropolitan Borough Council has been fined £200,000 after an employee was injured while installing the town’s 20-foot Christmas tree.

FEATURES AND ANALYSIS

May 15, 2025

Resurrecting a dead horse? PACE Code B and local authority enforcement powers

Defence arguments have a habit of resurrecting themselves as one generation of lawyers takes up the baton from the previous generation. A recent spate in defendants raising the issue of noncompliance with PACE Code B when subject to various local authority powers of entry, search, inspection and seizure, is a case in point, writes Dan Jacklin.

April 17, 2025

New statutory obligations for public venues

James Mallery-Nelson discusses the legal requirements of Martyn’s Law.

February 28, 2025

Serious accident investigations and enforcement decisions

Will a collapsing criminal justice system return proportionality to enforcement decisions? Tom McNeill and Olivia Dwan look at the issues.

February 20, 2025

UK Government launches consultation on AI and copyright

Elizabeth Withers and Ryan Copeland consider the Government's consultation on copyright law and artificial intelligence (AI).

October 10, 2024

Martyn’s Law - The New Bill

Gary Grant of Francis Taylor Building summarises the main provisions in the new Terrorism (Protection of Premises) Bill 2024 (“ Martyn’s Law”) and explores what premises and events will be in scope, details of the two-tiered protect duty that will impact 180,000 premises, including many in the hospitality sector and buildings owned by local authorities, and the enforcement provisions, as well as…

September 13, 2024

Significant tightening of rules for water companies – the Water (Special Measures) Bill

Allan Owen and Elizabeth Withers discuss the recent Water (Special Measures) Bill and how the changes will affect water companies in the UK.

March 15, 2024

Laying informations and time limits

Darren Nicholls sets out key guidance on laying informations and applying for a summons within time limits.

August 04, 2023

Varying abatement notices after service

Can an abatement notice be varied after service by a local authority? Gordon Wignall looks at a recent case involving a racing circuit.

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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Apr 08, 2025

Proposed environmental regulation reforms to give regulators more control over permits

The UK and Welsh Governments have unveiled proposals to amend environmental permitting regulations in a bid to simplify and speed up the process for lead regulators the Environment Agency and Natural Resources Wales "to create, amend and remove types of exempt facilities and activities which are not required to hold an environmental permit".

Apr 04, 2025

Cornwall man banned from keeping dogs for 10 years following successful Criminal Behaviour Order application by council

A man from Cornwall whose dogs killed 22 sheep while roaming free has received a 10-year ban from keeping or owning dogs, after the local authority successfully applied for a Criminal Behaviour Order (CBO).

Mar 19, 2025

Confiscation order increased by £280K after undeclared assets found in waste offences case

A man who was convicted of waste offences has been ordered to pay an additional £278,492 after the Environment Agency re-opened an inquiry into his finances and discovered he had undeclared assets.

Mar 14, 2025

Nine out of 10 "high-risk" toxic sites have not been tested by councils, BBC investigation finds

Thousands of potentially toxic sites that councils have identified as “high risk” have not been tested due to a lack of funds, a BBC investigation has revealed.

Mar 05, 2025

Company at centre of series of legal disputes over foul odours at landfill site enters liquidation

Newcastle Under Lyme Borough Council's leader has expressed frustration after a landfill operator embroiled in litigation over foul odours emanating from a site has entered into creditors voluntary liquidation.

Feb 26, 2025

Licensing membership bodies to merge in April

The proposed merger between the Institute of Licensing (IoL) and National Association of Licensing and Enforcement Officers (NALEO) is to be effective from 1 April 2025.

Feb 06, 2025

High Court rejects judicial review bid from operator of odorous landfill

A landfill operator who sought a judicial review against the Environment Agency's decision to issue a closure notice for the site has had their application refused by the High Court.

Feb 03, 2025

Council prosecution sees man handed suspended sentence over imported e-scooters

Islington Council has successfully prosecuted a trader who imported nearly 1,000 e-scooters, e-bikes and scooters, many of which were found to be non-compliant with UK product safety standards.

Jan 27, 2025

Council prosecution leads to £2m fine for building materials firm

A prosecution brought by Lewes District Council has resulted in a £2m fine for builders' merchant Travis Perkins after a piece of timber fell from one of the firm's lorries and killed a man.

Jan 13, 2025

London borough "very unhappy" after enforcement agency issued fly-tipping fine to five-year-old

The London Borough of Harrow has threatened to terminate its contract with an enforcement firm after it issued a fly-tipping penalty notice to a five-year-old girl.

Dec 05, 2024

London council secures remediation order against freeholder over dangerous cladding

Tower Hamlets Council has secured a remediation order requiring the owners of a high-rise building to remove dangerous aluminium composite material (ACM) cladding.

Dec 04, 2024

Council decision not to designate illegal landfill ‘contaminated land’ to be challenged in High Court

The High Court has agreed to hear a judicial review challenge of Havering Council's decision not to allocate an illegal landfill behind pollution issues and wildfires as 'contaminated land'.

Nov 29, 2024

Environment Agency issues closure notice for landfill at heart of long-running odours dispute

A landfill site that is the subject of a legal challenge from Newcastle Under Lyme Council for emitting odorous gasses has been hit with a closure order from the Environment Agency.

Nov 18, 2024

Borough council increases legal budget for landfill enforcement case to £1m

Officers at Newcastle-under-Lyme Council have recommended members boost the local authority's legal fund for an upcoming dispute over an odorous landfill by a further £400,000, taking the total to £1m.

Nov 14, 2024

National Association of Licensing and Enforcement Officers and Institute of Licensing agree merger

The National Association of Licensing and Enforcement Officers (NALEO) and the Institute of Licensing (IoL) have agreed in principle to unite to become a single professional body for licensing practitioners.

Nov 13, 2024

North West council hit with £500,000 fine after death of dog walker

Cheshire East Council has been fined £500,000 after an investigation by the Health and Safety Executive (HSE) found that the death of a dog walker in August 2020, killed by a falling tree, might have been avoided had the public area been better managed.

Nov 07, 2024

Wildlife rescuer who kept 16 foxes on property wins odour abatement notice dispute

A magistrates' court has found that a wildlife rescuer was not guilty of breaching an abatement notice issued by East Hampshire District Council (EHDC) over odour nuisances from foxes she looked after on her property.

Nov 04, 2024

"Considerable uncertainty" around number of buildings requiring cladding remediation, National Audit Office warns

The scale of the cladding crisis has "proved much bigger than the government initially understood", and up to 60% of buildings with dangerous cladding remain to be identified, a National Audit Office (NAO) report has suggested.

Nov 01, 2024

Council appoints barristers ahead of landfill odours legal action

Newcastle-under-Lyme Borough Council has appointed Jeremy Phillips KC and Horatio Waller, both of Francis Taylor Building Chambers, for its legal action against the operators of an odorous landfill site.

Oct 31, 2024

Councils urged to take “proportionate, common-sense approach” to household waste offenders

The Local Government and Social Care Ombudsman (LGSCO) has urged councils to consider the “whole range of powers” available to them when tackling waste disposal issues, after finding examples of councils taking an “overly zealous approach” to enforcement.

Oct 24, 2024

Supermarket giant handed £250k fine following Trading Standards investigation by council into food beyond use-by date

Asda Stores has been handed a £250,000 fine for displaying food beyond its use-by date, following an investigation by Derby City Council’s Trading Standards Team.

Oct 21, 2024

Government appoints economist to review regulation and regulators at Defra

Economist Dan Corry has been appointed to carry out an internal review into the regulation and regulators at the Department for Environment, Food & Rural Affairs (Defra).

Oct 18, 2024

Supreme Court quashes Court of Appeal decision to refuse judicial review on basis claimant had “adequate alternative remedy”

The Supreme Court has allowed a woman’s appeal against the Court of Appeal in Northern Ireland’s refusal of permission for judicial review against the regulator of a landfill site on the basis that there were “suitable alternative remedies”.

Oct 10, 2024

Many food businesses displaying false food hygiene ratings BBC investigation finds

An investigation by the BBC has found businesses have been displaying inaccurate food hygiene ratings, with many lying about them when challenged.

Oct 09, 2024

Crown Court increases penalties in houses in multiple occupation case after defendants appeal original fines

Two defendants have had their fines and costs substantially increased to more than £400,000 following an unsuccessful appeal against a magistrates' ruling in a case concerning unlicensed houses in multiple occupation (HMO).

Sep 27, 2024

Landfill site at centre of odour dispute must close, council inquiry concludes

A council-run inquiry into a landfill at the centre of a long-running odour dispute has criticised the Environment Agency's (EA) involvement in regulating the site and concluded the landfill should be closed, capped and restored.

Sep 19, 2024

Local environment group threatens council with legal challenge over “lack of action” in relation to landfill site

A campaign group found by three local mothers has threatened Havering Council with a judicial review claim over what they say is a lack of action from the local authority in dealing with a landfill site.

Aug 02, 2024

Government gives green light for council to pursue legal action in “rare” case against landfill

Newcastle-under-Lyme Borough Council has been granted permission by the Secretary of State for the Department of Environment, Food and Rural Affairs (DEFRA) to take legal action against a landfill operator over odours emanating from the site.

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January 31, 2023

Protest Injunctions

This is a recording of the webinar to launch Yaaser Vanderman’s “Manual on Protest Injunctions: Practice, Procedure and Persons Unknown”.

December 09, 2022

Councils and marine licensing

Tommy Fox and Ian Manners examine a recent ruling where a local authority was fined after falling foul of the marine licensing regime.

October 21, 2022

The EU Law (Revocation and Reform) Bill and health and safety

Does the EU Law (Revocation and Reform) Bill spell the end for existing Health and Safety Regulations? Jim Byard explains.

September 02, 2022

The test for discharging a planning condition

A local authority recently defeated a judicial review challenge in the High Court in relation to discharging planning conditions. Piers Riley-Smith explains how.

July 07, 2022

An Introduction to the Building Safety Act 2022

The Building Safety Act 2022 (BSA) received Royal Assent in April 2022. Deborah Down outlines the main provisions.

January 21, 2022

Planning enforcement orders and mixed use

The High Court has handed down judgment in a “significant” planning case considering the scope of a planning enforcement order where there is a mixed use, writes Leon Glenister.

January 04, 2022

Property guardianship companies and HMO licensing

Property guardianship companies and a director were recently held liable for failing to licence premises as a House in Multiple Occupation (HMO). Tara O’Leary explains the ruling.

October 08, 2021

Harmful emissions and human rights duties

Stephen Tromans QC and Victoria Hutton consider a significant High Court ruling on the duties of the Environment Agency in relation to a landfill site.

July 23, 2021

How to ensure better protection for tenants around the country

Shona Ali looks at worrying recent trends in relation to illegal evictions and sets out what local authorities can do to combat the problem.

July 09, 2021

Confiscation and enforcement notices: the roll-back from Panayi

Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.

June 25, 2021

The Funeral Market Investigation Order 2021

The Competition and Markets Authority has this month published its Funeral Market Investigation Order 2021. V. Charles Ward looks at how bereavement-service managers can comply with new regulatory requirements.

May 07, 2021

The death of Panayi

Roderick Morton analyses an important Court of Appeal ruling for planning enforcement lawyers in relation to confiscation cases.

April 23, 2021

Fighting fire with fines

Even before the tragedy of what happened at Grenfell Tower on 14 June 2017 there could be no doubt that no limit can be put on the personal costs of a fire. The Government has now stated that the same can be said for the financial costs, writes Natalie Puce.

February 12, 2021

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