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Local Authority round-up 27/03/20

Our Local Authority round up provides brief summaries of topical information on a weekly basis, to keep you aware of the changes and updates relevant to you.

Commercial

Councils to receive full funding for coronavirus

Chancellor of the Exchequer Rishi Sunak has announced that councils will be fully funded for measures which need to be put in place in order to deal with the coronavirus pandemic. He urged council leaders not to put off decisions because of money in their response to the outbreak and said that councils will be fully compensated for the new measures, with the devolved administrations receiving at least £3.5 billion in additional funding to put new measures in place and ensure councils have sufficient finances available to enable them to do so.

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Hardship Fund will provide council tax relief

Local Government Secretary Rt Hon Robert Jenrick MP has announced the Hardship Fund under which the Government will provide £500 million in order to provide support to vulnerable people and households who will be most affected by coronavirus. The money will be paid to councils to enable them to reduce the 2020 to 2021 council tax bills of working age people receiving Local Council Tax Support as well as using the funding to provide further discretionary support to vulnerable people through other support arrangements such as Local Welfare Schemes. In making the announcement Mr Jenrick said “Providing the necessary financial support to people and families is critical at this difficult time when many people will be concerned about changes to their income. That’s why we’re giving local councils an additional £500 million, to ensure help is available for the most vulnerable people in our society who are struggling to pay their council tax bills.”

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Regulatory

Some councils forced to close parks

Following the outbreak of coronavirus, some councils have been forced to close all parks and other public spaces in order to prevent the virus spreading as there were concerns that people were not following guidance on social distancing in those areas. Government advice states that people should keep a distance of 2 metres apart but with people attending parks this was not being adhered to which has led to those areas being closed by some councils. Cllr Stephen Cowan, leader of Hammersmith and Fulham Council said “Our parks have been full of people this weekend with a significant proportion ignoring Government guidelines on social distancing. This raises the serious likelihood of cross-infection. By closing our parks, we are putting the safety of all our residents first.”

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Councils responsible for business closures

Following the Government’s announcement at the beginning of the week that many businesses needed to close in order to prevent the spreading of coronavirus, the Government has confirmed that councils will be responsible for ensuring those businesses do not continue to trade. Councils will now be fully funded in ensuring that pubs, cinemas, theatres and casinos remain closed. Where businesses fail to comply they can now be issued with prohibition notices and receive unlimited fines and loss of alcohol licences which will be enforced by Environmental Health and Trading Standards officers, with police support if appropriate.

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Planning and housing

Commercial tenants protected from eviction

The Government has announced under the Coronavirus Bill that commercial tenants who are unable to pay rent due to coronavirus will be protected from eviction. The new measures mean that businesses cannot be evicted if they miss a rent payment over the next three months, however they will still be liable for the missed payments after the expiry of that three month period. Communities Secretary, Rt Hon Robert Jenrick MP, said “We know many commercial landlords are already setting a great example by working closely with tenants and offering rent deferrals or holidays. However, these new measures will provide reassurance to businesses struggling with cashflows and ensure no commercial tenant is evicted if they cannot pay their rent because of coronavirus over the next 3 months.”

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Government approves delegated planning powers

The Government has approved the use of delegated powers by councils to ensure there is no delay in deciding planning applications. The chief planner approved the controversial move in a circular issued yesterday in a bid to stave off development gridlock. Steve Quartermain, a senior civil servant at the Ministry of Housing, Communities and Local Government (MHCLG), told local planning departments to be innovative and use “all options available to you to continue your service”.

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Housing development must address concerns

Councillors have said that proposals for a 226-home development on the outskirts of Lewes should do more to improve accessibility, sustainability and its environmental impact. Following a consultation on the development councillor’s said “we think that this particular design brief is unsatisfactory in a number of important aspects. We therefore object to the adoption of this design brief without significant improvement and change.” They said that there was poor road access and it was a car dominated design and that the developers should reduce the number of parking spaces available and also provide measures to compensate for the loss of biodiversity and ecosystem services at the site.

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

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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