Local Authority round-up 24/09/18

Brexit

Government publishes its second tranche of technical notices

The Government has published a further 28 technical notices which aim to provide guidance and information for UK businesses and citizens on how to prepare for the UK leaving the EU without a Withdrawal Agreement in place. The notices cover areas such as: driving, mobile phones, Irish citizens, passports, firearms, safety standards for goods, cars, broadcasting, personal data, environment and pollution, drugs, space, grants, business and investment and shipping. The Government has now published 53 technical notices and expects to publish all 80 notices by the end of September 2018.

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Report reviews the progress of Brexit preparations

A report from the Institute for Government has assessed the readiness of preparations for the UK leaving the EU, to which the report describes as an “unprecedented task for modern government.” The report divides the challenges into negotiation, legislation and implementation and identifies serious obstacles in all three areas, concluding that implementation is the biggest concern of all. It does recognise the progress made on negotiations on the Withdrawal Agreement, with “potential for a deal” in the coming weeks, however talks on the outline of the future trade relationship have barely begun.

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Briefing paper looks into the future governance of the UK-EU relationship

The House of Commons Library has published a briefing paper discussing the relations between the UK and the EU and how this relationship will be governed after Brexit. It also looks into the EU and UK proposals to date on how EU law will be observed and how disputes about this will be dealt with. Interestingly, it suggests that two distinct ‘governance’ systems will need to be agreed as part of the Brexit negotiations, one being a mechanism for any future relationship agreement(s) concluded between the UK and EU and another mechanism to govern the primarily temporary ‘Withdrawal Agreement.’

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London Mayor calls for a second Brexit referendum

London Mayor Sadiq Khan has called for a second referendum on Brexit because of the Government’s failure to negotiate a deal with Brussels. Mr Khan has become “increasingly alarmed as the chaotic approach to the negotiations had become mired in confusion and deadlock.” Despite his previous comments after the Brexit referendum, in which he warned a fresh poll would lead to “even more cynicism” among voters, he now makes clear that “rather than having a bad deal or a no deal, let’s put that to the British public with the option of staying in the EU.”

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Commercial

Report urges councils to offer staff low interest loans

A new report urges councils and other public-sector employers to offer their employees salary-linked loans and saving systems to boost financial literacy and end “punitive” borrowing costs. According to the report, improving the aggregate credit score of a council, from the bottom 10% to the middle of the credit score distribution, would improve median weekly earnings by £36, increase employment by £3% and increase home ownership by 6%. The report has received recognition from the minister for pensions and financial inclusion, Guy Opperman, who said that the report’s arguments should “become the norm” and added that he will be “discussing it with his colleagues.”

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Government investment to ‘fast track’ 16 coastal projects

A total of 16 towns will share £6 million of Coastal Communities Fund money to ‘fast track’ projects ranging from community arts project in South Shields to heritage boat tours in Falmouth’s historic docks. Together, the new projects are forecast to create more than 1,100 jobs and are expected to attract £2.4 million additional public and private sector funding. On a visit to one of the ‘fast track’ winners, Disability First “Access Flyde Coast”, Coastal Communities Minister, Jake Berry MP said that the Coastal Communities Fund will “help kick start these shovel ready projects, which have the potential to unlock the barriers to development and growth in our coastal communities.”

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Statistics reveal North West councils have overspent by millions

An investigation carried out by the BBC has discovered that 23 regions in the North West were forced to draw on reserves in 2017-18 in order to meet the increasing demand for children’s care. Manchester City Council overspent by £10m, while Cumbria and Tameside did so by £9m and Liverpool by £7m. Of the councils which overspent, only Cheshire West, Knowsley and Blackburn spent less than £1m from reserves. The investigation also revealed that councils were dealing with more than 13,000 “looked after” children – more than any other region in England outside London.

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Regulatory

Local Government Association (LGA) responds to the Government’s Agriculture Bill

The Agriculture Bill was introduced to the House of Commons and given its first reading on 12 September 2018. The content of the bill aims to deliver a cleaner and healthier environment for future generations after nearly half a century under EU rules. Councillor Mark Hawthorne, Chairman of the LGA’s People and Places Board, has described the Bill as an “innovative step” and added that “local government could play a significant role in any new system of environmental land management, particularly around issues such as environmental improvements, rural resilience and public access.”

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Parental Bereavement Leave and Pay Act receives Royal Assent

A new workplace right to paid leave for bereaved parents has officially been enshrined in law as the Parental Leave and Pay Bill received Royal Assent on 13 September 2018. Under the Act, employed parents who lose a child under 18, or suffer a stillbirth from 24 weeks of pregnancy will be entitled to 2 weeks’ leave. Employed parents will also be able to claim pay for this period, subject to meeting eligibility criteria. The new law honours the manifesto to commitment to introduce a new entitled to bereavement leave and is expected to come into force in 2020.

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Government calls for evidence on tackling illegal working

The Independent Chief Inspector of Borders and Investigation (ICIBI) is inspecting how the Home Office is tackling illegal working in the UK. The inspection will examine the Home Office’s current policies, strategy, planning, guidance and operational practice in relation to illegal working. The ICIBI is keen to receive written evidence from employers and others with relevant knowledge, expertise or first-hand experience of the subject. Submissions are accepted by close of business on 28 September 2018.

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Planning and housing

Council fails in a High Court challenge

Chichester council has challenged by statutory review under s.288 of the Town and Country Planning Act 1990 the decision of the Planning Inspector on 2 November 2017 to allow an appeal by the developer, Beechcroft Ltd. Chichester challenged the inspector’s decision on the grounds that the inspector failed to decide whether the proposed development conflicts with the Southbourne Parish Neighbourhood Plan 2014-2019 (NP) and that the inspector irrationally relied upon a distinction between “the policies” of the NP and its “aims” when assessing whether the proposed development conflicted with the NP. However, the Upper Tribunal judge dismissed the challenge.

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Government aims to overcome barriers to building

The Communities Secretary James Brokenshire MP has announced plans to issue investment to tackle issues on potential housing sites and to also initiate new houses where they are needed most. In particular, issues such as land contamination, infrastructure requirements, and complex land ownership can present real barriers to building homes where they are needed most. The Government is intervening by providing 2 streams of investment, the Land Assembly Fund and the Small Sites Fund which will help release land to deliver 300,000 new homes a year by the mid-2020s.

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Ombudsman offers practical guidance to planners

The Local Government and Social Care Ombudsman (LGO) has issued guidance for planners when recording the decisions they make. The LGO receives more than 2,000 complaints and enquiries each year about English local authorities’ planning functions, with the most common areas of complaint relating to the decision making process including failing to explain properly the reasons for decisions, or overlooking material considerations. LGO, Michael King explained that the new guidance is designed to “help councils improve their procedures, and services for the public, to ensure the decisions they make are as transparent as possible.”

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Government publishes Land Value Capture report

A report published by the Housing, Communities and Local Government Committee has looked at how the significant increase in the value of land resulting from public policy decisions can be captured to generate extra funding for local infrastructure and affordable housing. The Report argues that councils and central government should capture a “significant proportion” of this uplift in value so they can reinvest into local communities. It also recommends reform of the Land Compensation Act 1961 which they say would lead to a “much-needed” boost in housebuilding.

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Upcoming seminars

As you may well know we run a programme of seminars on a wide range of topics. Listed below are those seminars coming up which we feel may be of interest to you. Please click on the links for further information and to book your place. You can see our full programme of upcoming events by clicking here.

Housing Managing Law School – Autumn Term

This will be the twelfth semester in our series of Law Schools and the Autumn term will bring with it a brand new programme, with our experts covering up to the minute topics that you need to know about. The sessions will cover a housing law news round up, GDPR for housing management, the rising cost of disrepair and an ask the experts case surgery and Q&A session.

Wednesday 3rd October 2018 (Newcastle)

Wednesday 17th October 2018 (Manchester)

Wednesday 24th October 2018 (Leeds)

Procurement law update

This session is designed to provide you with a unique opportunity to hear first-hand from leading procurement experts who will share their thoughts on the most topical issues of the moment, as well as reviewing the new regulations one year on from introduction.

Thursday 11th October 2018 (Newcastle)

Thursday 18th October 2018 (Newcastle)

Wednesday 7th November 2018 (Leeds)

Thursday 15th November 2018 (Manchester)

Thursday 22nd November 2018 (London)

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