Local Authority round-up 03/12/18

Brexit

Prime Minister embarks on tour of UK

Prime Minister Theresa May commenced a tour around the nations of the UK on 26 November 2018, visiting Wales and Northern Ireland with the aim to get the public’s and business’ backing for the draft Withdrawal Agreement. Responsibility for more than 150 areas of policy will pass to the devolved parliaments, meaning they will be taking more of the decisions that impact people’s lives in areas such as agriculture and fisheries, to air quality and organ. Mrs May visited Scotland where she insisted that the deal will protect jobs and provide new opportunities for exporters.

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EU27 leaders endorse Withdrawal Agreement

On 25 November 2018, at a special meeting of the European Council, EU27 leaders endorsed the draft Withdrawal Agreement which sets out the terms of the UK’s exit from the EU and invited the Commission, the European Parliament and the Council of the European Union to take the necessary steps to ensure that the agreement can enter into force on 30 March 2019. The leaders also approved the draft political declaration on the framework for the future relationship. There was no formal vote at the meeting, with the EU proceeding by consensus. However, European Council President Donald Tusk said it was a “sad day” and no-one should be “raising champagne glasses” at the prospect of the UK leaving.

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Government lays key Brexit documents before Parliament

On 26 November, the UK Government laid before Parliament the following documents, as required under section 13(1)(a) of the European Union (Withdrawal) Act 2018: (1) a statement that political agreement has been reached; (2) a copy of the negotiated Withdrawal Agreement; and (3) a copy of the framework for the future relationship (political declaration). These documents have been presented to Parliament at the earliest opportunity in order to facilitate the fullest scrutiny ahead of the parliamentary debate and vote on the approval of these documents. The vote on the Brexit deal in the House of Commons is expected to happen on 11 December 2018.

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Chief Executive of the Food and Drink Federation (FDF) warns of stockpiling concerns

The Chief Executive of the FDF Ian Wright, has warned that warehouses around the UK for frozen and chilled food are “for all practical purposes booked out at the moment,” adding that firms will be unlikely to find space if they are looking for somewhere to store extra supplies of fresh food in the run-up to Brexit in March 2019. However, Mr Wright said there was still availability for food that can be safely stored at room temperature in a sealed container – but not necessarily where it would be needed on companies’ supply journeys. In relation to the Draft Withdrawal Agreement, he said: “The political declaration is excellent, but it is a list of new year’s resolutions. We don’t know if what we see now will remain intact.”

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Government publishes papers on economic and security impact of Brexit deal

On 28 November 2018, the Government published a collection of documents in advance of the House of Commons vote on the UK-EU Withdrawal Agreement and draft political declaration. These documents include assessments of the potential impact of Brexit on the UK economy and on the UK-EU security partnership. The Government notes that the UK has put forward proposals for the future relationship that would enable frictionless trade outside the customs union and single market, which is not accepted by everyone in the EU, but adds that the UK can continue to negotiate for that objective.

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We have created a Brexit checklist to assist businesses with the various challenges and opportunities presented by Brexit. Please click here to view.

Commercial

Fund to relieve coastal heritage sites

Over £1 million of Government funding has been awarded to 25 projects to restore coastal landmarks and bring economic growth to seaside communities. The Coastal Revival Fund was introduced in 2015 to help coastal areas bring at risk heritage and community assets back into economic use. This year each coastal project was able to bid for up to £50,000 of funding to help identify a new role for iconic buildings and structures in need of restoration. Of the 25 winners, there were six classed by Historic England as ‘at risk’. Jake Berry MP said: “From Whitehaven to Weymouth, we’re saving some of the nation’s most cherished coastal heritage assets and landmarks from falling into disrepair.”

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Yorkshire Local Enterprise Partnerships (LEPs) approve strategic merger plans

The Leeds and City Region Enterprise Partnership and York, North Yorkshire and East Riding Enterprise Partnership are set to create a single LEP by April 2020, covering a population of 3.1 million people and an economy worth £70.3 billion. The proposal was put forward following the Government’s LEP review to remove overlaps between existing LEP geographies. The chairs of the two existing LEPs said: “Our respective LEPs have achieved a great deal over the past seven years, from putting in place nationally acclaimed rural business support schemes to securing major investment for new transport and broadband infrastructure.”

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Government indicates intention to secure tourism sector deal

The Secretary of State for Digital, Culture, Media and Sport Jeremy Wright has confirmed the Government will begin negotiations with the Tourism Industry Council, on an ambitious Industrial Strategy sector deal that will benefit the whole country. As part of this process, Mr Wright has called upon the industry to respond to a commitment to promote its offer throughout the year, not just in the peak summer months. The sector has been asked to look at the following key themes: making tourism and hospitality a career for life; making the UK the most accessible tourism industry in the world; sharing industry data to identify growth opportunities in new and emerging markets and increasing accommodation capacity.

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Councils could lose £16 billion from controversial loans

Analysis from the investigative cooperative Research for Action shows that 240 local authorities involved with the complex borrowing schemes called Lender Borrower Option (LOBO) could lose £16 billion in savings over the lifetime of loans if they don’t refinance them. The research also found that the 10 biggest borrowers of these “risky and expensive” bank loans could save £4 billion over 40 years by refinancing. Research for Action said these savings could: “relieve pressure on strained austerity budgets, free up cash for local services and prevent further unnecessary cuts.” The council holding the most LOBO debt is Newham council with £563 million of debt and a potential total savings of £945 million.

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Regulatory

Government publishes draft guidance on school security

The Department for Education (DfE) has published a consultation on draft guidance on security in schools. The guidance if implemented would be non-statutory and is aimed at councils, head teachers, governing bodies and other school staff and is intended to help them deal with security-related incidents in their schools. It also sets out how schools can use the proposed framework set out in the draft guidance to draft, develop and implement their own security policies and plans. It provides links to security advice and guidance including examples of potential security threats such as vandalism, cyber security and terrorist attacks. The consultation closes on 18 February 2018.

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Survey reveals councils’ stockpiling results

The LGA has published its Winter Readiness Survey which shows how councils have prepared for the upcoming big freeze and any flooding this winter, with 93% having either more salt in stock this year, or the same level they did last year. As well as an abundance of salt stockpiled, each council has an average of nine full-size gritters, alongside other equipment. Councillor Martin Tett, the LGA’s Transport Spokesperson said: “Winter preparation is a key priority for councils, despite ongoing funding pressures and competing demands on their limited resources. Across the country, local authorities have again risen to the challenge and already put measures in place to protect their residents from floods, ice, and wintry conditions.”

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Local Government Association (LGA) publishes updated version of civil emergencies guide

The LGA has published an up to date version of its councillor’s guide to civil emergencies. The original guide was published in 2016 but has been updated in light of the recent attacks in Westminster, Manchester, London Bridge and Islington.  The guide incorporates principles for preparing for, responding to, and recovering from a civil emergency. With civil protection arrangements needing to be fully integrated across all responders, the first principle is anticipation and assessment of risk and the last, effective response and recovery arrangements. This is otherwise known as integrated emergency management, a holistic approach to preventing and managing emergencies.

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Council withdraws controversial plan to stop kerbside plastic collection

Swindon Council has decided to abandon its controversial proposal to withdraw the kerbside collection of plastics until the Government has published its Resources and Waste Strategy. The temporary proposal, which was suggested following national concerns about whether UK plastic waste exported for recycling actually is recycled and not sent to landfill in other countries, would involve residents putting their plastic into their black bins or blue bags where it would be dried and sorted at Swindon’s solid recovered fuel plant into a fuel used by industries across Europe. The council  says it will carry out further “research and planning” whilst it is awaits any potential notable changes arising out of the Government’s policy announcements.

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Planning and housing

LGA warns of missed affordable homes

Permitted development rules allowing offices to be converted into housing without planning permission are exacerbating the nation’s housing crisis and should be scrapped, the LGA has warned. The LGA claims that communities had missed out on more than 10,000 affordable homes in the past three years as a result of the Government rules on permitted development. Latest figures show that since 2015, a total of 42,130 housing units in England have been converted from offices to flats without having to go through the planning system. As a result, they included no affordable housing or supporting investment in infrastructure such as roads, schools and health services.

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London borough secures c.£450,000 confiscation over ‘beds in sheds’

Ealing Council has obtained a confiscation order of nearly £450,000 against a landlord who ignored enforcement notices over ‘beds in sheds’ at one of her rental properties. The council had called on the landlord to pull down the outhouses which she had purchased in 2012, which were originally built as garages, but the defendant was letting them out to up to five tenants.  After ignoring a planning enforcement notice issued by the council in August 2014, the landlord was found guilty in February 2017 and consequently received a confiscation order of £447,552.22 – equivalent to the total equity she owns in her portfolio of rental properties and was fined a further £18,000.

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Council’s Local Plan policies upheld

A Deputy High Court Judge has rejected a legal challenge to Waverley Borough Council’s adoption of certain policies in its Local Plan, including the allocation of 2,600 homes to an aerodrome site. The case involved three closely linked claims concerning the same aerodrome site brought under s.113 of the Planning and Compulsory Purchase Act 2004 and s.288 of the Town and Country Planning Act 1990. Dismissing the claim, Judge Lieven did not think that the Inspector and Waverley Borough Council erred in law in the adoption of the LPP1 and so she rejected the s.113 challenges.

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