Local Authority round-up 10/12/18

Brexit

House of Commons (HOC) commence debate on the Withdrawal Agreement

On 5 December 2018 the Brexit debates began in the HOC which are scheduled to conclude on 10 December. MPs found that Ministers were in contempt of Parliament, by refusing to publish full legal advice the Government received on the Withdrawal Agreement. Ministers have since published the legal advice which shows Theresa May was told an arrangement designed to prevent a hard Irish border could last “indefinitely” and the UK could not “lawfully exit” without EU agreement.  MPs also backed calls for the HOC to have a direct say in what happens if Parliament votes down the Prime Minister’s Brexit deal on 11 December. If Parliament votes against the deal the Government will have 21 days to decide what to do next and present the plan to MPs.

For more information, please click here and here.

Advocate General says UK can unilaterally cancel its withdrawal from the EU

The Advocate General Manuel Campos Sanchez-Bordona has told the European Court of Justice (ECJ) that EU law “allows the unilateral revocation of the notification of the intention to withdraw from the EU.” His opinion adds: “That possibility continues to exist until such time as the Withdrawal Agreement is formally concluded.” While the advocate general’s opinions are not legally binding, the ECJ tends to follow them in the majority of its final rulings. The whole issue of revocation remains hypothetical at present because the UK Government has so far made clear there is no possibility of seeking to revoke the notice to leave the EU. However, the statement raises question of whether and how the UK might revoke notification if the Withdrawal Agreement is voted down.

For more information, please click here.

Government launches ‘Brexit Deal Explained’ website

The Government has launched the ‘Brexit Deal Explained’ website to help the British public and businesses understand what the Brexit deal will deliver. The website explains the Withdrawal Agreement, which sets out the terms of the UK’s smooth and orderly exit from the European Union, and the Political Declaration, which sets out a framework for the UK’s ambitious future relationship with the European Union that delivers in our national interest. The website also details what the Brexit deal means for our economy, jobs, security, free trade, businesses and borders.

For more information, please click here.

Department for International Trade (DIT) submits draft UK services schedule

On 3 December 2018, the DIT has announced that the Government has submitted the draft services schedule for formal approval by the World Trade Organization (WTO) members. The announcement confirms that the schedule seeks to replicate the UK’s existing commitments under the WTO General Agreement on Trade in Services and gives overseas businesses the same level of guaranteed access to the UK service sector as they currently have. The DIT sees this as a technical exercise that will provide continuity for business and states that, in future, the DIT will work with other members to further liberalise international trade services. WTO members have 45 days to raise objections to the schedule.

For more information, please click here.

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

Commercial

Councils advised to form ‘food resilience teams’ to prepare for Brexit

Food policy specialists from the Chartered Institute of Environment Health and the University of London and Sussex have advised every local authority in the UK to set up “food resilience teams” to prepare for different Brexit scenarios. The food-related risks might involve price changes, reduced food availability, lower standards and safety, supply disruption, border delays, freight logistics and public disorder. The advice recommends that food resilience teams map existing food systems in their regions and conduct rapid assessments of where risks and potential disruptions lie. Erik Millstone, professor of Science Policy at the University of Sussex said: “Local authorities will be key facilitators for both business and local communities and this document seeks to provide practical ideas that assist in that role.”

For more information, please click here.

Government allows council to use capital receipts to tackle deficit

The Ministry of Housing, Communities & Local Government is to allow Northamptonshire County Council to use £70 million in capital receipts to rebuild its revenue reserves and manage the financial risks to a stabilisation plan that has been drawn up. The capitalisation dispensation would help the council “reduce its deficit and put it on a more sustainable financial footing.” The decision follows the publication of the Government’s Stabilisation Plan and a separate report which revealed a projected overspend in 2018/19 of £30 million against the council’s budget in the absence of any corrective action, and a £35 million unfunded deficit in the financial year 2017/18.

For more information, please click here.

Northern Powerhouse needs ‘clear break’ with original vision, report says

A report into the Northern Powerhouse has called on northern leaders to move the agenda to a new phase, which, it argues should involve a ‘clear break’ with former chancellor George Osborne’s original vision. Published by the progressive think tank IPPR, the report argues that for some proponents of the Northern Powerhouse agenda the aim was to create a ‘London-style megaregion’ around Manchester, an aim which led to the side-lining of other places. In order to move the agenda onto the next phase, the report calls on the Government and northern leaders to commit to a ‘whole North’ approach, which focuses on all of the towns, cities and rural areas in the North.

For more information, please click here.

Minister launches ‘pocket park’ fund

The Ministry of Housing, Communities and Local Government has announced there is up to £15,000 available to community groups wishing to build new pocket parks and up to £25,000 available for renovating existing parks. Pocket parks are small plots of land, mostly seen in urban spaces, which can help improve the physical and mental health of the communities using them. The Pocket Parks programme was launched in February 2016 and defines a pocket park as a piece of land of up to 0.4 hectares, although many are around the size of a tennis court. Parks and Green Spaces Minister Rishi Sunak MP said: “Green spaces offer people a sanctuary away from the hustle and bustle of life to relax, keep health, learn about nature or spend time together with loved ones.”

For more information, please click here.

Regulatory

Figures reveal rising levels of Blue Badge theft

The Local Government Association (LGA) has announced that figures released on 29 November 2018 show that thefts of Blue Badges went up from 2,921 in 2017 to 4,246 in 2018. This increase marks a rise in thefts for the fifth year running with 656 recorded in 2013, meaning this year’s figures are more than six times higher than they were five years ago. Councillor Martin Tett, LGA Transport spokesman, said: “Despite limited resources, councils continue to work hard to crackdown on this growing crime. More Blue Badge fraudsters than ever are being brought to justice by councils who will come down hard on drivers illegally using them. ”

For more information, please click here.

Councils warned against using new waste crime powers to raise revenue

The Government has issued guidance for councils on using new powers to fine householders up to £400 for failing to ensure they gave their waste to a licensed carrier. The guidance also makes clear that councils should not use these fines as a means of raising revenue. The Department for the Environment, Food and Rural Affairs said: “To strike the right balance householders should not be fined for minor breaches, and the guidance also stresses that consideration should be given if the individual is a vulnerable person due to age related ill-health or a mental or physical disability.” It further claimed that the new penalties will make it easier for councils to tackle fly-tipping and provide an alternative to putting cases through the courts “which can be a lengthy and costly process.”

For more information, please click here.

Social care pressures reflected in Ombudsman’s annual review of complaints

A report published by the Local Government & Social Care Ombudsman, which looks at the data behind every adult social care complaint in the Ombudsman has received over the 12-month period, shows there has been a 9% increase in complaints about charging. Of those complaints, it is upholding 67% which is higher than the average uphold rate for adult social care of 62% and greater still than the 57% uphold rate for all complaints the Ombudsman investigates. Responding to the statistics, LGA Councillor Peter Fleming said: “It is good that the Ombudsman recognises the significant budget and resource pressures facing councils, and the impact that this had on local services. councils will now use this report to share and spread good practice and make improvements where they can.”

For more information, please click here and here.

Planning and housing

Cladding ban regulations laid before Parliament

The Building (Amendment) Regulations 2018 were laid before Parliament on 29 November 2018 and will come into force on 21 December 2018. The regulations ban the use of combustible materials in the external walls of high-rise residential buildings and apply to all new residential buildings above 18 metres in height and new dormitories in boarding schools, student accommodation, registered care homes and hospitals above 18 metres. The ban also applies where building work is a “material change of use” that brings an existing building within one of these categories. The Government also gives its “full backing” for local authorities to enable them to carry out emergency work on affected private residential buildings with unsafe aluminium composite material. This is not mentioned in the regulations.

For more information, please click here.

Government consults on mandatory biodiversity net gain in development

On 2 December 2018 the Government unveiled plans for consultation, where developers could be required to deliver a ‘biodiversity net gain’ when building new housing or commercial developments, meaning habitats for wildlife must be enhanced and left in a measurably better state than they were pre-development. It is proposed that mandatory biodiversity net gain is delivered within the existing town and country planning process and covers all new developments that result in loss or degradation of habitat, with a minimum 10% of net gain in biodiversity. Where it is not possible to avoid, minimise or remediate biodiversity loss, a compensatory tariff could be set off between £9,000 and £15,000 per biodiversity unit. The consultation closes on 10 February 2019.

For more information, please click here.

Government renews calls for reforms to land value capture system

The Commons Housing Communities and Local Government Committee has called for a significant proportion of the uplift in land values after planning permission to be available to the state to invest in new infrastructure and public services. Some of the key recommendations include: (1) reform of the Land Compensation Act  1961, to give local authorities the power to purchase land at a fairer price; (2) reform of the Community Infrastructure Levy to remove complexity and the extensive range of exemptions that currently limit its effectiveness; (3) more resources for local authorities to ensure they are able to negotiate robustly with developers to secure the appropriate level of planning obligations.

For more information, please click here.

Deposit cap to save renters hundreds of pounds

Private renters are to benefit from new measures announced as part of the Tenant Fees Bill which reduces the amount that tenants will be required to pay up front to secure a home.  The cap will apply to properties where the annual rent is less than £50,000, a deposit of 6 weeks’ rent will continue to apply where the annual rent is £50,000 or more. Communities Secretary James Brokenshire MP said: “Today’s amendments will make renting a home of your own more affordable, fair and more transparent – enabling tenants to keep more of their cash and stopping unexpected costs.”

For more information, please click here.

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