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Planning Update: Clarification of Section 73 Powers: Implications for Local Planning Authorities

On 10 December 2024, the Court of Appeal delivered a significant judgment in Test Valley Borough Council v Chala Fiske [2024] EWCA Civ 1541, providing essential guidance on the scope of planning condition variations permissible under section 73 of the Town and Country Planning Act 1990. This decision has substantial implications for local planning authorities (“LPAs”).

The procedure

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Heat network regulation – a comprehensive guide

Introducing our definitive work on heat network regulation – a comprehensive guide that cuts through the complexity of a rapidly evolving regulatory regime.

In this landmark analysis, we have meticulously scrutinised every aspect of the forthcoming Heat Networks (Market Framework Regulations) 2025, the accompanying consultations, and the draft authorisation conditions. With the regulatory landscape still very much in development, our

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Travis Perkins fined £2m for fatal accident – Sharpe Pritchard supports Lewes District Council in health and safety prosecution

Simon Kiely, a Partner in Sharpe Pritchard’s Dispute Resolution team, acted for Lewes District Council in prosecuting national building materials supplier Travis Perkins.

The prosecution came about for offences under the Health and Safety at Work etc. Act 1974 (the Act) following a fatal accident involving wood falling from one of their delivery vehicles.

At a hearing on 23 January

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A shift in policy – More focused and cautious approach to legal reform nearly 4 years after Brexit?

After Brexit, much of the EU law that applied to the UK was retained in domestic law. Section 6 of the Retained EU Law (Revocation and Reform) Act 2023 (REUL Act) aimed to amend certain provisions within section 6 of the European Union (Withdrawal) Act 2018 (‘EUWA’).

It was designed to allow the UK Court of Appeal and Supreme Court

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Summary of the English Devolution White Paper

Overview

On 16 December 2024, the Ministry of Housing, Communities and Local Government (“MHCLG”) released the English Devolution White Paper (the “White Paper”), setting out plans to develop devolution in England with the intention of “unleashing power from Whitehall back into local communities that know their areas best”.

The Government announced plans to merge local authorities

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Local authorities as trustees of charities

On 8 August 2024, the Charity Commission updated its Guidance “Local authorities (or councils) and as trustees of charities”. The Charity Commission also published a shortened version for councillors, jointly with the Local Government Association “Local authorities (or councils) as trustees of charities – a guide for councillors”.

This new important guidance:

  • Outlines what is expected
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