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The Practical impact of the Procurement Act 2023
– the challenges, the benefits and the legal lacunas

 

 

 

 

 

 

 

 

In the second of three articles for Local Government Lawyer on the Procurement
Act 2023 one year after it went live, Katherine Calder and Victoria Fletcher from
DAC Beachcroft consider some of its practical impact and implications, including
how to choose the right regime, how authorities are tackling the notice requirements,
considerations when making modifications, and setting and monitoring KPIs.

The Practical impact of the Procurement
Act 2023 – the challenges, the benefits
and the legal lacunas

 

 

 

 

Katherine Calder and Victoria Fletcher from DAC Beachcroft
consider some of its practical impact and implications,
including how to choose the right regime, how authorities
are tackling the notice requirements, considerations when
making modifications, and setting and monitoring KPIs.

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Weekly mandatory food
waste collections

 

 

 

 

 

 

 

 


What are the new rules on food waste collections and why are
councils set to miss the March deadline? Ashfords’ energy
and resource management team explain.

Weekly mandatory food
waste collections

 

 

 

 


What are the new rules on food waste collections and why are
councils set to miss the March deadline? Ashfords’ energy
and resource management team explain.

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The Procurement Act 2023: One Year On -
How procurement processes are evolving

 

 

 

 

 

 

 

 

 

Katherine Calder and Sarah Foster of DAC Beachcroft focus on
changes to procurement design at selection and tender stage in
three key areas of change that the Act introduced.

The Procurement Act 2023: One Year On -
How procurement processes are evolving

 

 

 

 

 

Katherine Calder and Sarah Foster of DAC Beachcroft focus on
changes to procurement design at selection and tender stage in
three key areas of change that the Act introduced.
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Service charge recovery
and the Building Safety Act 2022

 

 

 

 

Zoe McGovern, Sian Gibbon and Caroline Frampton set out
what local authorities need to consider when it comes to
the Building Safety Act 2022 and service charge recovery.

Service charge recovery
and the Building Safety Act 2022

 

 

 

 

 

 

 

 

Zoe McGovern, Sian Gibbon and Caroline Frampton set out
what local authorities need to consider when it comes to
the Building Safety Act 2022 and service charge recovery.

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Fix it fast: How “Awaab’s Law”
is forcing action

Eleanor Jones sets out
what "Awaab's Law"
will mean in practice
for social landlords.

Fix it fast: How “Awaab’s Law”
is forcing action

Eleanor Jones sets out
what "Awaab's Law"
will mean in practice
for social landlords.

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Injunctions to restrain breaches of planning control

Mark O’Brien O’Reilly reports on a council’s successful application for a final injunction with both mandatory and restraining elements following unauthorised development in the Green Belt.
April 09, 2026
Injunctions to restrain breaches of planning control

Who bears the burden?

The High Court has confirmed the law on proving whether advertising consent has been obtained. Chris Jeyes considers the judgment.
April 08, 2026
Who bears the burden?

Lawfulness and applications for a CLEUD

The High Court has confirmed that lawfulness is to be determined as at the date of the application for a CLEUD. Jonathan Welch analyses the ruling.
April 08, 2026
Lawfulness and applications for a CLEUD

The Cardiff Airport subsidy control ruling

The UK’s first aviation Subsidy Control case has been decided in favour of the Welsh Government. Alexander Rose considers the key elements of the Competition Appeal Tribunal's decision for public sector lawyers advising upon Subsidy Control matters and explores whether this case…
April 08, 2026
The Cardiff Airport subsidy control ruling

White Paper on SEN reforms: some lessons from the current Welsh SEN system

Martha Glynn, Benjamin Deery and Heather Burrows of SV Law explore some of the most potentially impactful proposals in the Government’s White Paper on SEN reforms and provide insights derived from working within an arguably analogous policy framework in the current Welsh SEN…
April 08, 2026
White Paper on SEN reforms: some lessons from the current Welsh SEN system

Greyhound racing and the separation of powers

A recent judgment from the Administrative Court in Wales contains several points of interest for constitutional and public law practitioners, writes Ian Rogers KC.
April 07, 2026
Greyhound racing and the separation of powers

The Hillsborough Law Bill: implications for public bodies

Fiona Scolding KC considers the practical steps that public bodies will need to take in order to ensure they comply with the new duties set out in the Hillsborough Law Bill.
April 02, 2026
The Hillsborough Law Bill: implications for public bodies

Dispensing with notice to father

It is vital that those representing local authorities or vulnerable parents understand the evidentiary threshold and procedural safeguards surrounding applications to dispense with notice to a father in child protection proceedings, writes Daniel Sheridan.
April 02, 2026
Dispensing with notice to father

Court of Protection case update April 2026

Lamis Fahad and Caitlin Smithey round up the latest Court of Protection judgments of interest to practitioners.
April 02, 2026
Court of Protection case update April 2026

The new PD27A: a step change in Family Court bundle and document management

Ashley Lord breaks down the revised Practice Direction 27A, which is now in force, marking a major shift in how bundles are managed across the Family Court. The update brings stricter rules, clearer structure, and a strong emphasis on high‑quality e‑bundles.
April 02, 2026
The new PD27A: a step change in Family Court bundle and document management

The ERA – Benefits and Working Conditions

Catrin Mills and David Leach provide an overview of the key changes within the Employment Rights Act to workplace benefits and working…
Apr 01, 2026
The ERA – Benefits and Working Conditions

Asylum hotels, overcrowding and the HMO rules

A recent High Court judgment on asylum hotels has given guidance on adequacy, overcrowding and the HMO rules. Ben Amunwa examines the…
Apr 01, 2026
Asylum hotels, overcrowding and the HMO rules

Defective but not fatal

Craig Leigh looks at the Court of Appeal case of Duffy v Birmingham City Council, which involved an underlying housing conditions claim,…
Mar 31, 2026
Defective but not fatal

Intervention: the Monitoring Officer’s view

The views of Monitoring Officers must be considered when finding lessons we can learn from intervention, writes Dr Paul Feild.
Mar 26, 2026
Intervention: the Monitoring Officer’s view

The role of the backbench councillor

Backbench councillors in local authorities with a Leader/Cabinet model are often regarded as having little or no power to influence or take…
Mar 26, 2026
The role of the backbench councillor

FOI and information held on computer systems

Do public authorities ‘hold’ all information on their computer systems? Conor Monighan analyses a recent Upper Tribunal ruling.
Mar 26, 2026
FOI and information held on computer systems

Correcting mistakes in public decision making

David Blundell KC and Hafsah Masood analyse a significant Court of Appeal decision on incidental powers in public law.
Mar 26, 2026
Correcting mistakes in public decision making

The powers of exclusion panels

On 5 March 2026, the High Court gave judgment in a case concerning two permanent exclusions. The judgment provides detailed consideration…
Mar 18, 2026
The powers of exclusion panels

Mar 18, 2026

Removal from kinship care

A Family Court judge recently decided that a local authority’s removal of a six-year-old boy from his aunt’s care was wrongful. Eleanor…
Mar 18, 2026

Navigating the expansion of foster care

Sarah Erwin-Jones looks at the risks, opportunities and strategic solutions for local authorities when it comes to expansion of foster care.
Mar 13, 2026

Adoption vs long-term fostering

The Court of Appeal has dismissed an appeal by a local authority over a judge’s decision to refuse to make a placement order at the…
Mar 13, 2026

Care leavers and redaction of records

Is redaction of records necessary for privacy, or a cause of harm and frustration? Peter Garsden of the Access to Care Records Campaign…
Mar 13, 2026

Planning appeals and costs awards

Christopher Moss covers a recent judgment in which the Court of Appeal considered whether a Local Planning Authority had behaved…
Mar 12, 2026

The latest Sizewell C JR

The Court of Appeal recently refused permission to appeal in the latest Sizewell C judicial review, with the application certified as being…
Mar 06, 2026

Disclosure to the DBS

The High Court recently ordered a local authority to disclose to the Disclosure and Barring Service (DBS) findings made by the Family Court…
Mar 05, 2026

Housing case alert - February 2026

Tim Pearl, Tom Bradbury and Sumi Begum round up the latest housing law judgments of interest to local authorities and housing associations.
Feb 27, 2026

Book review: “Reforming lessons”

Geordie Cheetham and Satnam Virdi review “Reforming Lessons: Why English Schools Have Improved Since 2010 and How This Was Achieved” by…
Feb 26, 2026

Transparency in FII cases

In a recent case Mrs Justice Lieven dealt with Transparency Orders in care proceedings. Graeme Bentley analyses the ruling.
Feb 25, 2026

Court documents and AI

Tom Whittaker summarises the key points from a Civil Justice Council consultation on use of AI in preparing court documents, including…
Feb 25, 2026

What is an Officer?

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Feb 24, 2026

2026 in construction: a look ahead

Michael Comba and Rachel Murray-Smith provide a summary of the key points of interest in the upcoming year in the construction sector,…
Feb 18, 2026

A Welsh white leopard?

Alex Ruck Keene KC (Hon) looks at a recent case where litigation capacity in the absence of subject-matter capacity was revisited.
Feb 18, 2026

Conversion to an ‘empty’ MAT

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Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.

A local authority has hit out at three major housebuilders after they threatened judicial review proceedings over a neighbourhood plan.

A local authority has hit out at three major housebuilders after they threatened judicial review proceedings over a neighbourhood plan.

Taylor Wimpey, Barratt Homes and Wainhomes have sent a letter before claim to Cheshire West and Chester Council over its Executive’s decision to approve the Tattenhall Neighbourhood Plan.

According to the council, the challenge would be on a number of technical grounds as well as questioning the impartiality of the independent examiner of the plan.

The housebuilders have called for the referendum over the neighbourhood plan, scheduled for 24 October, to be suspended.

Cheshire West & Chester said the companies had indicated that they would include the authority’s chief executive, Steve Robinson, in the legal action in his capacity as referendum counting officer.

Cllr Mike Jones, Leader of Cheshire West & Chester, sharply criticised the threat of legal action. He said the authority would continue to back the neighbourhood plan and the referendum would go ahead.

Taylor Wimpey has applied to build 110 homes at Chester Road, Wainhomes Developments wants to build 137 homes on land at Greenlands, and Barratts is seeking to develop 68 homes on land opposite Brookhall Cottages.

As currently drafted, the Tattenhall neighbourhood plan – the first in Cheshire West & Chester – says that “large scale, inappropriate development along existing village boundaries will not be supported by the community”.

The plan suggests instead that future development is limited to housing groups of no more than 30.

The independent examiner was Nigel McGurk. The three claimant companies have claimed that at the time of the examination, he was a non-executive director of Himor (Land) Ltd, part of the Himor Group – a strategic land company promoting a 26-acre urban extension at Hoole Gate, Chester.

“Hoole Gate, they indicate, is one of a number of such extensions being promoted through the emerging Local Plan including competing sites being promoted by claimants,” the council said.

Cllr Jones said: “Tattenhall Neighbourhood Plan represents over two years of hard work by a local community dedicated to producing its vision for the future development of the village and its surrounding areas.

“It would be absolutely tragic if such dedication and commitment was threatened simply because the plan’s recommendations differed from developers’ requirements.”

Cllr Herbert Manley, Executive Member for Growth and Innovation at Cheshire West & Chester, said the authority “totally rejected” claims of ‘apparent bias’ on the part of the independent examiner.

He said: “Our lawyers are adamant that there are no grounds to suggest that the Examiner could have been biased with regard to Tattenhall, simply because he was a non-executive director of a company involved in a totally unrelated proposal at Chester.

“Our legal advice is that there are no legal or factual grounds to doubt the independence, rationality and thoroughness of the examiner’s report. The developers did not complain about Mr McGurk’s appointment prior to the examination or during any hearing.”

Commenting on the claims, Samuel Stafford, associate director at HIMOR Group, said: "Mr McGurk was appointed as examiner through the formal Neighbourhood Planning Independent Examiner Referral Service (NPIERS), which provides communities and local authorities with access to impartial and highly qualified examiners.

“The service has been developed by the Royal Institution of Chartered Surveyors, Planning Officers Society, Royal Town Planning Institute, Action with Communities in Rural England and Locality, with support from the Department of Communities and Local Government.”

Stafford added: "Mr McGurk made Cheshire West & Chester Council aware of HIMOR's Hoole Gate proposals prior to an interview with the council, during the interview itself, and afterwards in a formal declaration.

"HIMOR consider the implication of a relationship between our Hoole Gate proposals, which are being promoted through the Cheshire West & Chester Development Plan, and the outcome of the Tattenhall Neighbourhood Plan examination, to be an affront to the integrity of both Mr McGurk and the neighbourhood plan process undertaken by Tattenhall & District Parish Council."

A spokesperson commenting on behalf of Taylor Wimpey, Barratt Homes and Wainhomes said: “We can confirm that we have been party to correspondence concerning the Tattenhall Neighbourhood Plan and are currently considering a response received from the council’s lawyers before deciding upon the next steps.

“It is important to stress that the neighbourhood plan process is open and transparent and so, should it be necessary for the matter to be considered further, the appropriate forum for doing so is through the courts and not through the media.”

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