Local Authority round-up 09/04/20

Brexit

MEPs urge Brexit delay

The European Parliament’s largest group of MEPs have urged Boris Johnson to delay Brexit in light of the coronavirus outbreak saying the pandemic puts pressure on the chance of securing a trade deal by the planned date.  The EU’s chief negotiator Michel Barnier has contracted the disease, and UK’s chief negotiator David Frost has had to self-isolate.  The European People’s Party MEP Christophe Hansen said “Under these extraordinary circumstances, I cannot see how the UK Government would choose to expose itself to the double whammy of the coronavirus and the exit from the EU single market, which will inevitably add to the disruption, deal or no deal.  I can only hope that common sense and substance will prevail over ideology.  An extension of the transition period is the only responsible thing to do.”   However, Mr Johnson has insisted that he will not delay talks and that he will not extend the Brexit deadline which is currently 31 December 2020 and his spokesperson said “The transition period ends on December 31 2020. This is enshrined in UK law.”

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Fisherman reject calls for Brexit extension

The Fishing for Leave campaign group have rejected calls for an extension to the transition period saying that failure to leave by the transition deadline would cause the UK to have to pay even more to the EU.  In a statement on Twitter, the group said “There cannot be a transition extension!  It would expose Britain to huge payments and any dodgy regulations the EU dreams up.  Better to leave on World Trade Organisation terms now when we’ve economic lockdown.”

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Brexit talks continue amid coronavirus

The UK’s chief negotiator, David Frost, has confirmed that Brexit talks are continuing regardless of the current coronavirus outbreak.  Following the first meeting last week, Mr Frost tweeted that he wanted to “reassure everyone” that contact was continuing between the UK and EU during the coronavirus outbreak and he said “We have remained in touch throughout, both sides have exchanged legal texts, and last week we had a series of conference calls to explore and clarify technicalities.”  Michel Barnier will now decide a timetable for further discussions in April and May.

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EU settlement applications will be delayed by coronavirus

EU citizens who are applying for permanent settlement in the UK for after Brexit are being advised by the Home Office that applications will take longer than usual to process due to the coronavirus outbreak.  The Home Office has advised that services have had to be scaled down due to the lockdown restrictions imposed by the Government which have meant that staff are now having to work from home.  Telephones calls will not be answered and it has suspended applications being received by post.  Applicants must now apply online and can request a call back function if required.  The Home Office said “where a person eligible for leave under the EU settlement scheme has reasonable grounds for missing the application deadline, they will be given a further opportunity to apply.”

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Commercial

Government to write off NHS debt

Health Secretary Matt Hancock has announced that £13.4 billion of NHS debt will be written off in order to help the NHS deal with the coronavirus outbreak and to support longer term commitments to enable the NHS to become more financially sustainable as part of a package of major reforms to the NHS financial system. He said “Today’s £13.4 billion debt write off will wipe the slate clean and allow NHS hospitals to plan for the future and invest in vital services. I remain committed to providing the NHS with whatever it needs to tackle coronavirus, and the changes to the funding model will give the NHS immediate financial certainty to plan and deliver their emergency response.”

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£397 million funding for buses

Transport Secretary Grant Shapps has announced £397 million of funding under the new COVID-19 Bus Services Support Grant as part of a package agreed with the bus industry. Funding will now be provided to vital bus operators in order to keep key services running so that key workers and those who cannot work from home are still able to travel to work. Under the package, bus operators will be required to maintain necessary services at a level which is sufficient to meet much reduced demand (expected to be up to 50% of normal service levels) but also to allow adequate space between passengers on board. They are also required to keep passengers advised of revised timetables. Councils have also been encouraged to maintain their existing subsidies for concessionary fares to ensure that older and disabled people can still travel when they need to, for example to reach the shops, hospitals and doctors’ surgeries. Mr Shapps said “Our buses are a lifeline for people who need to travel for work or to buy food – including our emergency services and NHS staff – and it’s absolutely vital we do all we can to keep the sector running. This multi-million-pound investment will protect crucial local transport links across England, bolstering the sector and minimising disruption for passengers in the long term.”

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Regulatory

Councils can now hold virtual meetings

Local Government Secretary Rt Hon Robert Jenrick has announced new powers which will allow councils to hold public meetings virtually by using video or telephone conferencing technology from 4 April 2020 until 7 May 2021 in order to comply with social distancing measures in place due to the coronavirus outbreak. Should those measures be lifted then the Government may remove these powers at an earlier date. To enable councils to do this, the Government has temporarily removed the legal requirement for councils to hold public meetings in person. The new rules will apply to all councils in England. Councils must still apply existing rules regarding the number of councillors or members of a group required to attend to make a meeting valid will remain, but virtual attendance will now count. Local Government Association Chairman Cllr James Jamieson said “Giving councils powers to hold meetings remotely is important to maintaining local democracy and allowing critical decisions to be made during this public health crisis. Councils need to respond quickly and make very many key decisions. They can now do so while remaining open, transparent and accessible to the public.”

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Councils told to prioritise black bag rubbish collections

New guidance from the Government has advised councils to prioritise black bag waste collections over recycling during the coronavirus crisis as any disruption to residual waste could pose a high risk to human health. The Government has issued the non-statutory guidance to assist councils to maintain services during the period affected by the coronavirus pandemic and notes that the first duty of any council is to protect the health of staff and residents. With this in mind, waste collection service should be prioritised and whilst it is hoped recycling collections can continue, stopping recycling services if necessary would pose a much lower risk to people’s health. Councils are also asked to consider deploying other staff to waste management services and pooling resources with other councils where necessary.

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Councils against blanket tax deferral scheme

In light of the coronavirus pandemic, some councils have offered residents the option of delaying their first council tax payment of the financial year until May or June. However, the County Councils Network has warned that this may not be suitable for all councils and warns against creating a blanket tax deferral scheme for all councils as it may cause cash flow problems for some councils. Cllr David Williams, chairman of the County Councils Network, said “a blanket deferral or non-payment scheme offered across the board could create significant additional financial challenges for local government, reducing cashflow for vital services such as social care which are at the frontline in responding to coronavirus.”

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Planning and housing

Government announces changes to building safety

Housing Secretary Robert Jenrick MP has announced steps to further reform building safety, including mandatory sprinkler systems and consistent wayfinding signage in all new high-rise blocks over 11 metres tall, which are designed to incentivise compliance and to better enable the use of enforcement powers and sanctions, including prosecution. The Government’s construction expert David Hancock has also been appointed to review the progress of removing unsafe aluminium composite material ACM cladding from buildings. Mr Jenrick will hold a roundtable with mortgage lenders to work on an agreed approach to mortgage valuations for properties in buildings under 18 metres tall, providing certainty for owners affected by vital building safety work. Mr Jenrick said these were “the biggest change in building safety for a generation.”

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Councils fail to meet housing targets

The Housing Delivery Test results, published by the Government, have revealed that 8 councils have failed to deliver more than 45% of their housing target in 2019. The National Planning Policy Framework 2018 revision set out that council must deliver 95% of assessed need to pass the Housing Delivery Test. Where delivery fell below 45% the presumption of sustainable develop would apply which will now apply to those 8 councils, including New Forest District Council, Eastbourne Borough Council and City of London Corporation. Overall, the Housing Delivery Test showed that 75 councils will need to implement an additional 20% buffer of land supply on top of that already allocated, as well as the eight falling below the presumption threshold. Leigh Palmer, interim head of planning at Eastbourne Borough Council, said the results were “not a surprise and the under-delivery is a direct result of limited land availability within a constrained seaside town.”

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Council launches judicial review over Government decision not to renew city-wide landlord licensing scheme

Liverpool City Council has launched a judicial review challenge of the Government’s decision not to renew its landlord licensing scheme after Communities Secretary Robert Jenrick turned down the application to keep the citywide scheme going until 2025. Over the past five years, all property owners, landlords and managing agents in Liverpool have been legally required to licence any property unless a statutory exemption applied however, following the decision of Mr Jenrick this has now ended with effect from 1 April. Mayor of Liverpool Joe Anderson, said “The decision not to renew the landlord licensing scheme was a disgrace – it defied logic and has put the lives of some of our most vulnerable tenants at risk.” In launching a judicial review challenge of the Government’s decision he said this was because “Despite asking for clarity from the Government, who always talk tough on housing standards, their reply has been totally inadequate and on behalf of all those residents who have benefitted from the scheme a judicial review has to be issued.”

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If you have any questions about the issues raised in this update, please do not hesitate to get in touch.