Condition subsequent meaning

In this issue: Social housing Children's social care Education Planning Highways Public procurement Governance Local government finance Adult social care Healthcare Licensing Environmental law and climate change Daily and weekly news alerts New and updated content Social housing Social housing To be or not to be… the recurring question of when a homelessness application is an application at all (R (Lyrae) v Somerset Council) In R (Lyrae) v Somerset Council, the High Court endorsed the Court of Appeal’s dicta in Rikha Begum—picked up and used in Minott and Ivory—on how to treat a subsequent ‘fresh’ homelessness approach. The analysis comprises two steps. First (stage one), decide whether the later approach counts as an application at all; the only time the answer is ‘no’ is where it rests on exactly the same factual matrix as the earlier one, ignoring fanciful assertions and insignificant details. Secondly (stage two), if it...

Practice Note: Planning—enforcement When it appears to a local planning authority (LPA) that planning control has been breached, it may, at its discretion, take enforcement action under Part VII of the Town and Country Planning Act 1990 (TCPA 1990). For these purposes, section 171A of the TCPA 1990 defines a breach of planning control as: undertaking development without the necessary planning permission, or not complying with any condition or limitation attached to a planning permission This Practice Note explains in detail how a breach of planning control is established, when development acquires immunity from enforcement, and the factors an LPA should weigh when deciding whether to proceed with formal measures. Its focus is on the range of steps available to an LPA in response to a breach of planning control. The Practice Note does not address enforcement concerning listed buildings. For that, see Practice Note: Listed buildings enforcement and criminal liability regime in England. For context on its relevance to conservation...

Under the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. For these purposes, a breach of planning control refers to the following: undertaking development without obtaining the necessary planning permission—this entails that unauthorised works or a material change of use amounting to development within the meaning of TCPA 1990, s 55 have taken place, and that such development requires planning permission which has not been secured not adhering to any condition or restriction attached to a grant of planning permission—this covers any of the limitations or conditions applied to individual permitted development rights in the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 in England and the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 in Wales See Practice Note: Planning—enforcement for further detail on planning breaches. TCPA 1990, s 171A states that ‘taking enforcement action’ also includes issuing an enforcement notice, serving a breach...

The development of the law Alcock v Chief Constable of South Yorkshire Police has traditionally stood as the principal authority on secondary victim claims. Subsequent jurisprudence after Alcock evolved in a piecemeal way, with decisions that were sometimes inconsistent. The Supreme Court's ruling in Paul v Royal Wolverhampton NHS Trust has introduced several revisions and offered much-needed certainty for practitioners. Grasping the landscape both before and after Paul matters because the underlying principles have been refined and clarified, though not every element has altered. Accordingly, this Practice Note is arranged into pre-Paul and post-Paul parts. The amendments attributable to Paul are clearly signposted within this Practice Note. For deeper commentary on the judgment, consult News Analysis: Landmark Supreme Court decision on secondary victims (Paul v Royal Wolverhampton NHS Trust). It must be appreciated that claims by secondary victims form an exception to the general rule that, at common law, one individual has no legal entitlement to compensation concerning the physical integrity or condition of another. As with any exception,...