Local Government

The government confirmed, on 9 May 2013, that its dedicated "one-stop shop" for consents for nationally significant infrastructure projects (NSIPs) under the Planning Act 2008 is open for business.

The Department for Communities and Local Government (DCLG) published its response to its consultation on expanding the one-stop shop approach to obtaining non-planning consents for nationally significant infrastructure, on 12 March 2013. 

The government has announced that councils with neighbourhood development plans may keep 25% of the community infrastructure levy arising from developments that are approved.

The Department for Culture, Media and Sport has announced plans to exempt community venues from the requirements of the Licensing Act 2003, following its 2011 consultation on deregulation.

The developments that property practitioners can expect in 2013.

The London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) (No. 2) Order 2012 (SI 2012/3084) has been published and comes into force on 22 January 2013.

The Department for Communities and Local Government (DCLG) has published two consultations on proposals to extend the nationally significant infrastructure planning regime.

The Housing (Empty Dwelling Management Orders) (Prescribed Period of Time and Additional Prescribed Requirements) (England) (Amendment) Order 2012 (SI 2012/2625) has been laid before Parliament and will come into force on 15 November 2012.

On 21 September 2012, the Information Commissioner's Office published guidance to assist public authorities to determine whether they hold the information that has been requested under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004 (SI 2004/3391).

The Housing (Wales) Measure 2011 (Commencement No. 2) Order 2012 (WSI 2012/2091) came into force on 3 September 2012 allowing Welsh local housing authorities to suspend right to buy in their areas for up to five years.

The Welsh Government has published a consultation on proposals for discretionary powers to increase council tax on long-term empty properties.

The government has announced further Portas Pilot towns.

On 17 July 2012, the Cabinet Office published guidance on the principles of consultation. 

The Welsh Government has published a consultation on internal drainage districts and internal drainage boards that are wholly or mainly in Wales.  The consultation closes on 31 August 2012.

The government has announced which twelve town centres have succeeded in their bids to become the first Portas Review pilot areas.  

The government has announced the timetable for the transfer of compulsory purchase and land disposal work to the National Planning Casework Unit (NPCU).

The London Local Authorities Act 2012 received Royal Assent on 27 March 2012.

We have published three standard documents for use by London Councils when dealing with the stopping up of highways under section 247 of the Town and Country Planning Act 1990. (Free access.)

The Department for Communities and Local Government (DCLG) has published the National Planning Policy Framework.

The Localism Act 2011 (Commencement No. 4 and Transitional, Transitory and Saving Provisions) Order 2012 (SI 2012/628) and Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (SI 2012/635) bring into force the abolition of the Infrastructure Planning Commission and make various consequential amendments to related statutory instruments on 1 April 2012.

The following business rates statutory instruments are in force or coming into force: The Non-Domestic Rating (Collection and Enforcement) (Amendment) (England) Order 2012 (SI 2012/24) came into force on 15 February 2012. The Non-Domestic Rating (Small Business Rate Relief) (England) Order 2012 (SI 2012/148) came into force on 25 February 2012.  The Non-Domestic Rating (Cancellation of Backdated Liabilities) Regulations 2012 (SI 2012/537) will come into force on 31 March 2012.

The Localism Act 2011 (Commencement No 1) (Wales) Order 2012 (SI 2012/193) has been made and has come into force.

The Department for Communities and Local Government (DCLG) has published a consultation package on amendments to Part L (conservation of fuel and power), Part P (electrical safety - dwellings) and Parts A, B, C, K, M and N (access statements, security, changing places, toilets and Regulation 7) of Schedule 1 of the Building Regulations 2010.

PLC Public Sector and PLC Property have published a new Practice note, Stopping up and diversion orders under section 116 of the Highways Act 1980 and three standard documents to accompany the note comprising a draft court order and notices of intention to apply for either a stopping up or diversion order. (Free access.)

The government has published Unlocking growth in cities, setting out its plans for England's largest cities to be given greater freedom to invest in growth.

The developments that property practitioners can expect in 2012.

On 19 December 2011, the Local Government Finance Bill 2011-12 was introduced into Parliament and received its first reading. Also on 19 December 2011, the government published its response to the consultation on business rates retention.

PLC Public Sector has published a new checklist on issues to consider when establishing an employee-owned entity that is taking over the running of certain public sector services.

The Department for Communities and Local Government (DCLG) published Laying the Foundations: A Housing Strategy for England on 21 November 2011.

The Localism Bill 2010-11 has received Royal Assent. This update summarises the main property implications.

The Welsh Government has published a national strategy for the risk management of flood and coastal erosion in Wales.

The Localism Bill 2010-11 has received Royal Assent.

The Cabinet Office has published a guide on keeping the country running following a natural hazard, such as flooding or extreme cold weather.

The Department for Communities and Local Government (DCLG) is seeking views on proposals to reform the Community Infrastructure Levy (CIL). 

On 7 October 2011, the High Court in Charles Terence Estates Ltd v Cornwall Council and another [2011] EWHC 2642 (QB), held that: Leases entered into by predecessor district councils were a nullity and, therefore, declared void. Cornwall Council was not entitled to recoup the rents that it had paid. Note added: on 20 December 2012, the Supreme Court refused permission to appeal the Court of Appeal decision.

On 12 September 2011, the Department for Communities and Local Government issued policy statements on assets of community value and the community right to challenge, addressing some of the issues raised during consideration of the provisions of the Localism Bill 2010-11 at the Lords Committee stage and in a consultation document dated 4 February 2011.

The Planning Act 2008 (Commencement No. 7) Order 2011 (SI 2011/2054) has been published.

The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (SI 2011/2055) have been laid before Parliament and come into force on 1 October 2011.

On 15 August 2011, the Secretary of State announced that the Department for Communities and Local Government was amending the scope of its consultation on extending landlord's powers to seek possession for criminality and anti-social behaviour so that convictions for such behaviour beyond the locality of the property can be taken into account.

The Planning Inspectorate (PINS) has published advice for its planning inspectors about how they should deal with the consultation draft of the National Planning Policy Framework. NOTE (1/9/11): On 30 August 2011, the advice was updated. This legal update has not been updated to reflect these changes, other than to link to the latest version of the guidance.

Following the riots that took place from 6 August 2011 to 9 August 2011 across England, the government has made a series of announcements detailing assistance available for those affected.

The Department for Communities and Local Government has published a map detailing over 180,000 assets owned by almost 600 public sector bodies. The map is accompanied by a position statement on the Capital and Assets Pathfinder Programme 2010-11, which highlights how local areas can better manage their assets and explains how the government will help.

The government has confirmed further details of where the enterprise zones in Birmingham, Bristol, Leeds and Sheffield will be located.

The Welsh Assembly Government is currently consulting on guidance for local authorities on suspending the right to buy.

The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (England) Order 2011 (SI 2011/1770) was made on 18 July 2011. The flood and coastal erosion risk management strategy for England was issued on 19 July 2011.

The Court of Appeal has dismissed an appeal against a possession order granted to Barnsley Metropolitan Council in Barnsley Metropolitan Borough Council v Norton and others [2011] EWCA Civ 834.

The Non-Domestic Rating (Small Business Rate Relief) (England) (Amendment) Order 2011 (SI 2011/1664) and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) (No.2) Regulations 2011 (SI 2011/1665) come into force on 3 August 2011.

In Broxbourne Borough Council v Robb and others [2011] EWHC 1626, the High Court granted the council's application for committal of the second defendant for breaching the terms of a without notice injunction.

The Department for Communities and Local Government (DCLG) has published its draft presumption in favour of sustainable development.

The Department for Business, Innovation and Skills (BIS) published, in May 2011, a report on the progress made by the government in implementing the commitments made in its response to the Penfold Review. The Penfold Review examined the processes by which developers obtained consents (other than planning permission) for their projects.

On 17 May 2011, the government published its amendments to the Localism Bill 2010-11 at report stage.

The Non-Domestic Rating (Small Business Relief) (Wales) (Amendment) Order 2011 (SI 2011/995) and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (Wales) Regulations 2011 (SI 2010/966) came into force on 22 April 2011.

The Department for Communities and Local Government has published guidance for local authorities on applying the Mobile Homes Act 1983 to local authority traveller sites.

An update on the Housing and Regeneration Act 2008 (Commencement No. 8, Transitional, Transitory and Saving Provisions) Order 2011 (SI 2011/1002) which comes into force on 30 April 2011.

The Residential Property Tribunal Procedure and Fees (England) Regulations 2011 (SI 2011/1007) will come into force on 30 April 2011.

PLC Property has published a new Practice note, Special planning controls: conservation areas.

The Court of Appeal has dismissed an appeal dealing with the validity of a section 203 notice under the Housing Act 1996 in Dharmaraj v London Borough of Hounslow [2011] EWCA Civ 312.

The London Olympic Games and Paralympic Games (Amendment) Bill was introduced to Parliament on 16 March 2011. (Free access.)

The Welsh Assembly Government (WAG) is seeking views on proposals to reduce the number of planning applications which are required to be referred to Welsh Ministers.

The Flood and Water Management Act 2010 (Commencement No. 3 and Transitional Provisions) Order 2011 (SI 2011/694), Regional Flood and Coastal Committees (England and Wales) Regulations 2011 (SI 2011/695), Environment Agency (Levies) (England and Wales) Regulations 2011 (SI 2011/696) and Flood Risk Management Overview and Scrutiny Committee (England) Regulations 2011 (SI 2011/697) were made on 7 March 2011.

The London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2011 (SI 2011/549) and the Town and Country Planning (Mayor of London) (Amendment) Order 2011 (SI 2011/550) were made on 28 February 2011 and come into force on 1 April 2011.  

Draft Community Infrastructure Levy (Amendment) Regulations 2011 have been published. The regulations, if approved by the House of Commons, will come into force on 6 April 2011.

The European Court of Human Rights has held that a injunction preventing a New Traveller from camping on a particular woodland site and thirteen other sites in Dorset was not in breach of her Article 8 rights under the European Convention on Human Rights in Horie v United Kingdom [2011] ECHR 289.

The Welsh Assembly Government has published a consultation on the implementation of measures relating to Directive 2002/49/EC on environmental noise in Wales. The consultation seeks views on the procedure for designating quiet areas in large urban areas (agglomerations) and on the designation of Noise Action Planning Priority Areas (NAPPA).

On 4 February 2011, the Department for Communities and Local Government issued consultations on provisions being made in the Localism Bill seeking views on proposals to introduce a community right to buy assets of community value and a community right to challenge. Note added: summaries of the responses to these consultation were published on 2 and 12 August 2011.

An update on the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) Regulations 2011 (SI 2011/113), which extend the moratorium on the eight year instalment option in respect of backdated liability for business rates in England until on or after 1 April 2012.

The government has announced a review of planning policy for England.

Guidance on Planning Performance Agreements has been published by ATLAS.

On 9 December 2010, the government announced more detail on the affordable rent model to be offered by private registered providers of social housing.

The Environment Agency and Defra have published consultations on flood and coastal erosion management and funding.

The government has written to all local authorities reiterating its intention to revoke regional strategies in the Localism Bill, and the Planning Inspectorate has issued guidance for use by planning inspectors on how to take account of the current position.

The Department for Communities and Local Government has published Circular 08/2010 which contains updated guidance on changes to the planning regulations for dwellinghouses and houses in multiple occupation (HMOs). 

The government has responded to the final report of the Penfold Review, which examined the processes by which developers obtain consents (other than planning permission) for their projects.

On 8 November 2010, the Prime Minister's Office published business plans setting out the work of the government for the next four years.

On 29 October 2010, the White Paper, Local growth: realising every place's potential, was published.

Following a consultation carried out in 2008, the government has announced how it plans to amend the rights and responsibilities of gypsies and travellers on local authority sites.

The property implications of the Comprehensive Spending Review 2010, delivered on 20 October 2010, by the Chancellor of the Exchequer, George Osborne. (Free access.)

The Department for Communities and Local Government has issued a consultation on reforming the tree preservation order system. 

The government has published the Town and Country Planning (Development Management Procedure) (England) Order 2010 (DMPO 2010) (SI 2010/2184) which comes into force on 1 October 2010.

The Flood Risk Management Functions Order 2010 (SI 2010/2232) makes certain functions of the Environment Agency, local authorities and water and sewerage companies subject to the national flood and coastal erosion risk management strategy.

On 1 October 2010 the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2010 (SI 2010/2134) and the Town and Country Planning (Compensation) (No.3) (England) Regulations 2010 (SI 2010/2135) come into force.

Rural Coalition report on achieving sustainable rural communities.

An update on the Department for Communities and Local Government consultation on the Town and Country Planning (Environmental Impact Assessment) Regulations 2010.

An update about the removal of the fee for personal inspection of local land charges registers.

An update on the Department for Environment, Food and Rural Affairs' consultation on guidance on concessionary schemes for surface water drainage charges.

A legal update on London Borough of Brent v Corcoran and another [2010] EWCA Civ 774.

An update on a public consultation by the European Commission on the review of Council Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment.

An update on an informal consultation by the Department for Communities and Local Government on proposed changes to the planning legislation relating to houses in multiple occupation. 

An update on the publication of the second edition of the Law Society's model section 106 agreement.

A legal update on the government's commitment to abolishing Regional Strategies and returning housing and planning decision-making to local councils.

An update on the Mayor's suggested changes to the draft replacement London Plan.

An update on the Queen's Speech, delivered on 25 May 2010, which included a number of Bills of interest to the property industry.

An update on the Welsh Assembly Government's housing strategy.

An update on the Flood and Water Management Act gaining Royal Assent on 8 April 2010.

An update on the publication of new Planning Policy Statement 5: Planning for the Historic Environment. 

An update on the Government's household energy management strategy.

A legal update on a new suite of documents published by PLC Public Sector on employment in schools.

The Department for Communities and Local Government has published new guidance on admitted body status when services are transferred from a local authority.

A legal update on Fair and flexible: statutory guidance on social housing allocations for local authorities in England, published by the Department for Communities and Local Government.

An update on the Flood Risk Regulations 2009, which transpose into domestic law the Floods Directive 2007/60/EC, and the publication of a revised Flood and Water Management Bill.

A legal update on a consultation launched by the Department for Communities and Local Government on changes to the capital finance system.

An update on a consultation published by the Department for Communities and Local Government on 15 October 2009 setting out a proposed process for Thames Gateway local authorities to bid for funding from the Homes and Communities Agency to create an eco-quarter in the Thames Gateway. NOTE: On 1 April 2010, the DCLG published its response to the consultation, see response.

An update on the Local Land Charges (Amendment) Rules 2009.

An update on the Business Rate Supplements Act 2009 (Commencement No. 1) (England) Order 2009.

An update on guidance published by the Department for Communities and Local Government on the statutory criteria that local housing authorities should apply when considering whether homeless applicants are intentionally homeless.

An update on the Workplace Parking Levy (England) Regulations 2009.

An update on The Commons Registration (England)(Amendment) Regulations 2009 which extend the duration of the commons registration pilot scheme under Part 1 of the Commons Act 2006.

An update on guidance issued on 16 July 2009 by the Information Commissioner's Office on how the Environmental Information Regulations 2004 (SI 2004/3391) apply to local authorities providing property search information.

An update on the All Party Urban Development Group's recommendations for financing regeneration.

An update on the Business Rate Supplements Act 2009, which received Royal Assent on 2 July 2009.

An update on the Council of Mortgage Lenders' briefing note on barriers to lending on affordable housing.

An update on the changes to local development orders made by the Planning Act 2008, and enabled by the Planning Act 2008 (Commencement No.1) (England) Order 2009 and the Town and Country Planning (General Development Procedure) (Amendment) (No.2) (England) Order 2009.

An update on the Department for Communities and Local Government's consultation on how it proposes to allocate Housing and Planning Delivery Grant in the years 2009-2010 and 2010-2011. NOTE ADDED: The DCLG has published a summary of responses to the consultation, which also confirms the final allocation mechanism.

An update on guidance published for consultation by the Commission for Architecture and the Built Environment and English Heritage on the use of large digital screens in public places.

An update on a consultation issued by the Department for Communities and Local Government on proposed ballot and administrative arrangements under the Business Rate Supplements Bill.

An update on the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (Wales) Regulations 2009 allowing backdated liability for business rates in Wales to be paid in instalments.

An update on a consultation on the Government's proposals to establish the Valuation Tribunal of England as the tribunal for hearing appeals relating to council tax, business rates and drainage rates in England.

An update on the Government's formal response to the final report of the Killian Pretty Review into the planning application process.

An update on Toni & Guy (South) Limited and another v London Borough of Hammersmith and Fulham [2009] EWHC 203 (Admin), and whether a local planning authority could serve a notice under section 215 of the Town and Country Planning Act 1990 on a tenant who did not occupy the part of the building in need of repair.

An update on proposals for a new independent public body: the National Tenant Voice.

An update on guidance issued by the Information Commissioner's Office about charging for information under the Environmental Information Regulations 2004.

An update on a consultation paper published by the Environment Agency on draft river basin management plans, which will be used to implement the Water Framework Directive (2000/60/EC) in the UK.

An update on the developments that property practitioners can expect in 2009.

An update on the final report of the Killian Pretty Review into the planning application process.

An update on the summary of responses to the consultations on Charges for local authority property search services and the draft Local Authorities (Charges for Property Searches) (England and Wales) Regulations.

The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 has come into force.

English Partnerships (EP) has published the final report of a Scoping Study (the Study) relating to the National Land Use Database of Previously Developed Land (NLUD). The Study recommends changes to the NLUD to make the data more accurate and comprehensive.The NLUD has existed for almost ten years and is compiled using information supplied by local planning authorities. It records the extent of previously developed land in England that may be available for development and whether it is vacant, derelict or being productively used.The Study will be of particular interest to local authorities and developers.

The Department for Communities and Local Government (the DCLG) has published a consultation: Tolerated Trespassers: Successor Landlord Cases.The DCLG is seeking views on whether "successor landlords" (mainly social landlords who acquire housing from another social landlord) should be required by the Housing and Regeneration Act 2008 (HRA 2008) to restore tenancy status to tolerated trespassers who occupy that housing when it is transferred.If the proposals are accepted, the DCLG anticipate that the provisions of the HRA 2008 that implement them would come into force in April 2009, along with the existing provisions of the HRA 2008 that prevent the creation of future tolerated trespassers and reinstate the tenancies of existing tolerated trespassers.The consultation will interest residential landlords and tenants, particularly social landlords and those who advise social tenants.The consultation closes on 19 December 2008.

The Housing and Regeneration Act 2008 will amend the Mobile Homes Act 1983 (MHA 1983) so that gypsies and travellers on local authority sites will have the same security of tenure and responsibilities as gypsies and travellers on private sites and occupants of other residential caravan sites. This follows the decision in Connors v United Kingdom (App No 66746/01 ECHR) in which the European Court of Human Rights held that the existing statutory scheme breached Article 8 of the European Convention for Human Rights. The Department for Communities and Local Government has published a consultation paper, Implementing the Mobile Homes Act 1983 on local authority Gypsy and Traveller sites, seeking views on the implementation of the changes and any amendments to the MHA 1983 that are needed. The consultation will be of interest to local authorities and those advising gypsies and travellers. The closing date for responses is 19 December 2008.

The Law Society has identified how conveyancers and their clients face an increased risk of committing a money laundering or mortgage fraud offence on account of the Government's recent initiatives aimed at supporting the housing market. The two main schemes that give rise to an increased risk of fraud are:Stamp duty land tax relief for properties valued at £175,000 or less."Sale and rent back" mortgage rescue schemes.Conveyancers must familiarise themselves and their staff with the risks that these schemes present, and take the necessary precautions to protect themselves, their firms and their clients from committing a money laundering or mortgage fraud offence.

The Town and Country Planning (Trees) (Amendment) (England) Regulations 2008 (2008 Regulations) come into force on 1 October 2008. The 2008 Regulations amend the Town and Country Planning (Trees) Regulations 1999 (1999 Regulations). The 1999 Regulations govern the making of tree preservation orders (TPOs) by local planning authorities (LPAs) and related appeals. The 2008 Regulations: Introduce a standard form for making applications to LPAs for consent to carry out works to trees that are protected by TPOs. Aim to simplify the process for TPO appeals and appeals against tree replacement orders. NOTE ADDED 14 May 2009: The DCLG document, Tree Preservation Orders - A guide to the law and good practice, has been updated by Tree Preservation Orders: A Guide to the Law and Good Practice - Addendum May 2009, to reflect the changes to the law.   NOTE ADDED 14 MARCH 2012: The Town and Country Planning (Trees) Regulations 1999 and the Town and Country Planning (Trees) (Amendment) (England) Regulations 2008 are revoked (with minor savings of the 1999 Regulations) in England with effect from 6 April 2012 by the Town and Country Planning (Tree Preservation) (England) Regulations 2012 (SI 2012/605).

The Department for Communities and Local Government (DCLG) has recently published the responses to its consultation on a proposed amendment to section 237 of the Town and Country Planning Act 1990 (TCPA 1990).Section 237 currently allows easements and rights affecting land acquired by a local authority to be overridden during construction works to that land, but not during the subsequent use of the land. The proposed amendment, now contained in the Planning Bill, would allow easements and other rights to be overridden during the subsequent use of the land as well as during the construction phase.

In March 2008, we reported that on 1 April 2009, district councils in Cornwall, Durham, Northumberland, Shropshire and Wiltshire and district and county councils in Cheshire will be wound up and dissolved and their functions, assets and liabilities transferred to new unitary councils. Directions were issued setting out arrangements until dissolution to ensure best use is made of public money and council services are maintained. The Department for Communities and Local Government (DCLG) published guidance to accompany the directions, see Legal update, Watch out for consents needed for transactions with councils. The update explained that the directions for Cheshire were expected to be published shortly.The DCLG has confirmed that South Beds District Councils and Bedfordshire County Council will also be wound up and dissolved on 1 April 2009. Directions in similar form to those already issued, have been published for the Bedfordshire councils and also now for Cheshire. These directions will come into effect on 16 April 2008 for the district and county councils in Bedfordshire and on 26 May 2008 for the authorities in Cheshire. These directions prevent the councils affected from entering into certain transactions without getting prior approval. The transactions include disposals of land by the council, contracts for the disposal of land by the council and options to acquire land by the council. For full details, see Directions to Local Authorities on Control of Dispos

The Department for Communities and Local Government has published a consultation paper on changes to the building control system. The proposals outlined in the consultation paper include: Replacing statutory notification stages with a risk-based approach to inspection of works. Introducing a three-yearly review of building regulations, rather than the current continual changes, to allow the building industry to plan ahead for changes. Improving the link between building control and planning consents. Restricting the use of building notices. The consultation closes on 10 June 2008.

On 1 April 2009, district councils in Cornwall, Durham, Northumberland, Shropshire and Wiltshire and district and county councils in Cheshire will be wound up and dissolved and their functions, assets and liabilities transferred to new unitary councils.Directions have been issued that set out the arrangements until dissolution to ensure that best use is made of public money and that effective council services are maintained. The Department for Communities and Local Government has published guidance to accompany the directions.The directions prevent the councils affected from entering into certain transactions without getting prior approval. The transactions affected include disposals of land by the council, contracts for the disposal of land by the council and options to acquire land by the council.If you are entering into an affected transaction or are advising in connection with an affected transaction, you need to make sure that you have checked whether a consent is required and keep a record of the consent with the title documents and other transaction papers.

The Department for Communities and Local Government (DCLG) has published revised good practice guidance for local authorities and personal searchers. The guidance is intended to ensure that personal search companies are given equal, unrestricted access to local authority data and that the requisite information will be available for the compilation of Home Information Packs. The new guidance states that local authorities must give access to personal searchers, to enable them to view all the data required to compile a personal search, normally by the next working day.The DCLG has also published a consultation paper on how charges should be set for personal searches. The paper proposes that local authority charges for providing access to the unrefined data needed to compile a search should be set on a cost recovery basis.

The Department for Communities and Local Government (DCLG) has published its Sustainable Development Action Plan 2007 to 2008 (2007 Action Plan). In view of its late publication, many of the actions contained in the 2007 Action Plan have already been implemented. This update summarises the remaining actions.

The Legislative and Regulatory Reform (Regulatory Functions) Order 2007 (RF Order) was made on 18 December 2007 and will come into force on 6 April 2008. The RF Order was made under section 24(2) of the Legislative and Regulatory Reform Act 2006, and it specifies a number of regulatory functions to which sections 21 and 22 of that Act apply.The Legislative and Regulatory Reform Code of Practice (Appointed Day) Order 2007 has also been published. This provides that, from 6 April 2008, those regulators whose functions are specified in the RF Order must have regard to the Statutory Code of Practice for Regulators (the Code) when exercising any of these functions. The final version of the Code was published on 17 December 2007.The reforms apply to a large number of bodies that exercise regulatory functions, including many that are connected to the property industry.

The Department for Communities and Local Government has published for consultation a draft Mayor of London Order and a draft Circular on Strategic Planning in London. The draft Order contains detailed arrangements for the Mayor's new power to decide planning applications of potential strategic importance. It also proposes significant changes to the referral thresholds relating to applications for new housing developments, waste facilities and developments in the City of London. The draft Circular sets out the matters which the Mayor must consider before directing any changes to Local Development Schemes. The closing date for responses to the consultation is 14 February 2008.Note: A response to this consultation paper has been published by the City of London Law Society, Planning and Environmental Law Committee: CLLS: Response to draft Mayor of London Order 2008 and Strategic Planning in London .

In July 2007, the Department for Communities and Local Government (DCLG) published a consultation on its proposal to lengthen the time limits for prosecution of breaches of the building regulations. See Legal update, Consultation on longer time limits for prosecutions for breaches of building regulations. The consultation closed on 23 October 2007 and the DCLG have published a summary of the responses, Longer time limits for prosecution of breaches of the building regulations: Summary of consultation responses. The key proposals in the consultation, to implement longer time limits for local authorities to prosecute for breach of building regulations, were strongly supported by the majority of the respondents, perhaps not surprising, as over half of the responses came from local authorities. It seems that the proposed clause dealing with the extended time limit in the Housing and Regeneration Bill is likely to remain.  

In 2006, the Department for Communities and Local Government (DCLG) published Strong and prosperous Communities - The Local Government White Paper (White Paper). The White Paper, which came in two volumes, detailed wide-ranging proposals for reform of local government.The DCLG has now published Strong and prosperous communities - The Local Government White Paper Implementation Plan: One Year On, which details the progress that has been made towards implementing the White Paper's proposals.

The Sustainable Communities Act 2007 (the Act) came into force on 23 October 2007.The Act aims to promote the sustainability of local communities through a number of means, including preserving or reviving local economic activity and protecting the local environment.The Act imposes upon the Secretary of State a duty to assist local authorities in promoting the sustainability of local communities. The Secretary of State is required to invite, and select for implementation, proposals by local authorities for the implementation of measures designed to promote sustainable communities. The Secretary of State must then make regulations and produce an action plan on the implementation of the proposals by the local authorities.

Two new forms of enquiries of local authorities have come into force.

The Department for Communities and Local Government has published a consultation on a proposed amendment to section 237 of the Town and Country Planning Act 1990.Section 237 currently allows easements and rights affecting land acquired by a local authority to be overridden during construction works to that land, but not during the subsequent use of the land. The proposed amendment would allow easements and other rights to be overridden during the subsequent use of the land as well as during the construction phase.The consultation closes on 26 October 2007.

On 1 August 2007, two new forms of enquiries of local authorities will come into force and replace the 2002 editions: Form CON 29R Enquiries of local authority (2007), which should be used in all cases. Replies to these enquiries are needed for the purposes of compiling a Home Information Pack. Form CON 29O Optional enquiries of local authority (2007), which contains optional enquiries to be asked where relevant to a transaction. The new form CON 29O also includes commons registration enquiries which are currently contained in form CR21. The new CON 29 forms must be used from 1 August 2007. There is no transitional period and local authorities may reject any 2002 editions that are submitted to them from this date. There is, however, a transitional period allowing a commons registration search on form CR21 to continue to be used until 1 October 2007.

The Department for Communities and Local Government (DCLG) has launched a consultation on proposals to restrict the right of tenants under shared ownership schemes to buy additional shares in their properties, and to prevent them being able to enfranchise before they have acquired all of the additional shares under their shared ownership leases.The aim of these measures is to prevent affordable housing being sold by shared owners who have acquired the entire interest in their properties, especially in areas where the supply of affordable housing is restricted.The consultation closes on 19 October 2007.

Traditionally, the Government's intentions for a year's legislation were announced in the Queen's Speech at the State Opening of Parliament. However, in the interests of open government and public debate, the Prime Minister made a speech on 11 July 2007, in which he outlined a number of proposals for legislation, some of will be of interest to those involved in property.The proposals include a number of bills dealing with housing, planning, transport and energy.

Following the recent review of the regulation of social housing by Professor Cave resulting in his report, Every Tenant Matters - A review of social housing regulation being published on the 17 June 2007, the Government has published a consultation paper looking at proposals to improve tenant empowerment, particularly in relation to the management of social housing stock.  

The Department for Communities and Local Government has published a summary of the responses to its consultation paper on City Development Companies (CDCs). The responses showed overall support for CDCs, but concern was expressed that the role of CDCs should be clearly defined to avoid them becoming an added layer of bureaucracy in the already crowded field of economic development.

GE Bowra Group Limited v Thanet District Council [2007] EWHC 1077 (Admin).The High Court has held that a property that forms only part of a listed building may claim empty property rates relief. There is no requirement that the property in respect of which the relief is claimed must be listed in its own right.

Valuation Officer v Citibank NA [2007] EWLands RA 66 2004.The Lands Tribunal has ruled that, where a commercial tenant occupies one building and then takes occupation of successive floors in an adjacent building, the occupation of each successive floor in the second building creates a new hereditament for rating purposes. The liability for increased rates arises as each new floor becomes occupied.This appeal case reverses a surprising decision made by the Valuation Tribunal (VT) in October 2004. The VT had ruled that, taking an additional floor into occupation did not create a new hereditament for rating purposes and that liability to pay rates for the additional floors, arose on the date of the last alterations to the rating list. This was despite the additional areas being occupied up to two years before that time.This decision clarifies when additional premises become liable for rates. The reversal of the VT's decision will be of interest to occupiers who are taking additional space, especially within a newly built office block.

The Sustainable Communities Bill (the Bill) received its first reading in the House of Commons on 13 December 2006. It is a private member's bill and the second reading is scheduled for 19 January 2007.The Bill aims to promote the sustainability of local communities through a number of means, including preserving or reviving local economic activity and protecting the local environment.The Secretary of State will have a duty to assist local authorities in promoting the sustainability of local communities. The Secretary of State will produce an action plan, specifying proposals for discharging that duty. PLC Property will be following the Bill's progress in its Property legislation tracker.

The Department for Communities and Local Government has published a consultation paper on the proposed role of City Development Companies. The Government envisages that these new bodies will have many of the characteristics of Urban Regeneration Companies but will be given broader responsibilities for driving economic growth across cities. This could involve greater geographical coverage, a wider range of functions, increased profile and leverage over greater budgets.

The Department for Communities and Local Government has published "Strong and prosperous communities -The Local Government White Paper", which details wide-ranging proposals for reform of local government.The White Paper considers many challenges facing local authorities, including housing and planning.

The Department for Communities and Local Government has published good practice guidance for local planning authorities and developers on the use of planning obligations. The guidance includes a model section 106 agreement prepared by the Law Society.

The Office of the Deputy Prime Minister (ODPM) is being replaced by a new Department for Communities and Local Government (DCLG), which is to be headed up by Ruth Kelly. The new DCLG will take on responsibility for housing, urban regeneration, planning and local government.It is not yet clear what will happen to web addresses for all the materials published by the ODPM. During the transition period, it may be that some of the weblinks from PLC Property will not work. PLC Property will endeavour to correct any resulting broken links as soon as possible.

R (on the application of Casey and others) v Crawley Borough Council, 1 March 2006 (High Court)The High Court rejected a claim by a group of travellers that a council had unlawfully evicted them on a regular basis over a number of years, without offering them a permanent site.

A number of bodies have been newly designated as public authorities for the purposes of the Freedom of Information Act 2000.

The ODPM has published a report on the responses to its consultation on a standard planning application form. It seems likely that the introduction of a standard form will go ahead although no timetable has been suggested yet.

The government has confirmed that local authorities have responsibility for assessing the need for, and allocating land to, gypsy and traveller sites.

R (on the application of Nunn) v First Secretary of State, 8 February 2005, (Court of Appeal).In this case, a local authority failed to serve notice refusing approval to the siting and appearance of a mobile phone mast within the requisite 56 day time limit, resulting in deemed planning permission being granted. The Court of Appeal held that the claimant's rights under Article 6 of the European Convention on Human Rights had been infringed by the authority's error but that the only remedy was in damages against the local authority.