Local Authority round-up 24/07/20

Brexit

UK-EU trade deal looks unlikely

The UK’s chief negotiator David Frost and the EU’s Michel Barnier began the latest round of talks in London on Monday however they are still failing to agree on fishing rights, so-called level playing field guarantees, governance of the deal and the role of the European Court of Justice. Boris Johnson set a deadline for agreeing a trade deal by the end of the month and with no progress made this week so far, and no further talks scheduled before the end of the month, the UK Government has reportedly abandoned hope of striking a Brexit trade deal with the EU. If no deal is reached then following the transition period which will end on 31 December, Britain will begin to trade with Europe on World Trade Organisation terms. EU negotiators maintain that the real deadline for a deal is the end of October, which would still allow time for member states to ratify the agreement before the end of transition.

For more information please click here.

Insurance green card required for Northern Ireland drivers

The Irish Department of Transport has confirmed that from January drivers from Northern Ireland will have to carry an insurance green card while driving across the border to the Republic of Ireland. A spokesperson for the Irish Department of Transport said “As it stands, following the transition period, a green card will be required for vehicles from the UK, including Northern Ireland, being driven in Ireland or other EU Member States, unless the European Commission declares otherwise.” They confirmed that it would not be an offence under Irish or EU law for GB or Northern Ireland-registered vehicles to drive in Ireland without a GB sticker attached to the vehicle.

For more information please click here.

Regulatory

Local lockdown powers announced

Boris Johnson has announced that councils are to receive new powers which will allow them to shut down premises in order to locally control the spread of coronavirus. He said “local authorities will have new powers in their areas. They will be able to close specific premises, shut public outdoor spaces and cancel events. These powers will enable local authorities to act more quickly in response to outbreaks where speed is paramount.” Describing the powers which will also be available to central government he said “ministers will be able to close whole sectors or types of premises in an area, introduce local stay at home orders, prevent people entering or leaving defined areas, reduce the maximum size of gatherings beyond national rules or restrict transport systems serving local areas.”

For more information please click here.

Government issues guidance on the use of new council powers

Following the new local lockdown powers being given to councils, which came into force on 18 July, the Government has issued guidance for local authorities in England on what the new local shutdown regulations allow them to do, how they should exercise those powers and how those powers should be enforced. Under The Health Protection (Coronavirus, Restrictions) (England) (No.3) Regulations 2020 councils are granted powers to respond to a serious and imminent threat to public health and to prevent COVID-19 transmission in their area “where this is necessary and proportionate to manage spread of the coronavirus in the local authority’s area will take effect.” To make a direction under these Regulations a council needs to be satisfied that 3 conditions are met which are that the direction responds to a serious and imminent threat to public health in the local authority’s area, the direction is necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in the local authority’s area of coronavirus and the prohibitions, requirements or restrictions imposed by the direction are a proportionate means of achieving that purpose. Before making a direction, councils will need to gather sufficient evidence to demonstrate that these tests have been met and also consult the police prior to issuing a direction. Any direction issued by a council under the Regulations will need to state the date and time on which the prohibition, requirement or restriction comes into effect, and the date and time on which it will end and will need to be reviewed at least every 7 days.

For more information please click here.

Planning and housing

Building Safety Bill draft published

The Government has published the draft Building Safety Bill which aims to improve building and fire safety, so that people will be, and will feel, safer in their homes. Following an independent review of the Grenfell Tower fire carried out by Dame Judith Hackitt which reviewed building regulations and fire safety to understand the causes of the fire, she concluded that major reform was required which is why this Bill has been introduced. The draft Bill will make sure that those responsible for the safety of residents are accountable for any mistakes and must put them right. It will fully establish the regulator that will enforce new rules and take strong actions against those who break them. It will also operate a new, more stringent set of rules for high-rise residential buildings. When residents move into a building that falls under the new set of rules, it will need to be registered with the Building Safety Regulator and apply for a Building Assurance Certificate. The Accountable Person will need to conduct and maintain a safety case risk assessment for the building and appoint a Building Safety Manager to oversee it day to day. The draft Bill was published on Monday 20 July and the Government will now seek further views from parliamentarians, residents and industry via the Parliamentary process of pre-legislative scrutiny before the Bill is then introduced to Parliament.

For more information please click here.

Next Steps Accommodation Programme launched

Housing Secretary Robert Jenrick has announced the Next Steps Accommodation Programme which will provide £266 million in funding to cover property costs and support new tenancies for around 15,000 vulnerable people who were provided with emergency accommodation during the pandemic to ensure they continue to have a safe place to stay. £105 million of the funding will be available to ensure interim accommodation and support continues for those who need it and can be used to help people move into the private rented sector, extend or secure alternative interim accommodation or where possible help people to reconnect with friends or family. The remaining £161 million will be available to provide 3,300 additional supported homes this year for those currently housed in emergency accommodation. Minister for Rough Sleeping and Housing, Luke Hall MP said “There has been a colossal effort from our councils, charities and partners to provide a protective shield for the most vulnerable during this pandemic. Their efforts must not be in vain and today’s release of funding will make a huge difference by preventing thousands from returning to the streets with further support to allow them to rebuild their lives with a roof above their heads.”

For more information please click here.

New planning laws announced

Secretary Robert Jenrick has announced that new planning laws have been laid in Parliament. Under the new rules, full planning applications will not be required to demolish and rebuild unused buildings as homes and commercial and retail properties can be quickly repurposed to help revive our high streets and town centres. Homeowners will also be able to add up to 2 additional storeys to their home to create new homes or more living space through a fast track approval process, with a requirement to carefully consider the impact on neighbours and the appearance of the extension. Councils will need to take the temporary impact of coronavirus into account when considering permission for change of use, redevelopment or demolition of these buildings. Mr Jenrick said “We are reforming the planning system and cutting out unnecessary bureaucracy to give small business owners the freedom they need to adapt and evolve, and to renew our town centres with new enterprises and more housing.” The new rules will come into effect by September.

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.