The Court of Appeal Provides Clarity for the test of a ‘Fit and Proper’ Licence Holder for Houses in Multiple Occupancy

Hussain v Waltham Forest LBC [2020] EWCA Civ 1539 Can a local authority consider the underlying conduct behind spent convictions when deciding whether a person making an application for HMO or other property licence is ‘fit and proper’? Yes – as confirmed by the Court of Appeal in this recent case upholding the earlier decision…

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Court of Appeal judgment to have major implications for local authorities

The Royal Borough of Kingston-Upon-Thames v Derek Moss [2020] EWCA Civ 1381 In a decision which will have major implications for local authorities and housing associations, the Court of Appeal has found that the Royal Borough of Kingston-Upon-Thames (the “Council”) was a ‘water re-seller’ within the meaning of the Water Resale Orders of 2001 and…

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Procurement Policy Note 05/20 – The Outsourcing Playbook V2.0

The Updated Playbook The fifth PPN of 2020 draws attention to the recent publication of the Cabinet Office’s Outsourcing Playbook v2.0. The original iteration of the Playbook was designed to help central government departments make better decisions in relation to outsourcing by codifying best practice from across government. The updated version builds on the original…

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Procurement case note: Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport (2020)

Considering the principles of transparency and fairness in the exercise of discretion On 17 June 2020, the High Court handed down its judgment in a case with important implications for the contracting authorities undertaking procurement exercises, Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport [2020] EWHC 1568 (TCC). The…

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Household Waste Recycling Centres: Updated Guidance

Defra has recently updated its ‘Managing HWRCs in England during the coronavirus pandemic’ guidance to clarify its position on the reopening of HWRCs. The guidance highlights an amendment to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, which expressly allows the public to visit waste and recycling centres. On that basis, there is no legal…

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COVID-19: Solving CIL Difficulties

New Community Infrastructure Levy Guidance and Section 106 Agreements The Difficulties The Community Infrastructure Levy (‘CIL’) is usually payable when development of a CIL-liable planning permission commences. The Community Infrastructure Levy Regulations 2010 (‘CIL Regs 2010’) require that standard payments are made within 60 days of the intended commencement date (regulation 70) and while the…

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