Projects and Regeneration

Double trouble

Emma Pearce and Arjen Xani analyse a recent High Court ruling on concurrent smash & grab and true value adjudications. Read more

NEWS

Jun 28, 2024

Judge rules council should receive “substantial” sum as waste management dispute rumbles on

The High Court has concluded that Buckinghamshire Council is entitled to a “substantial” sum in the latest ruling in a long-running dispute over a waste management project agreement, although the exact amount will need to be resolved.

Jun 21, 2024

Public procurement and subsidies specialist joins Clarke Willmott from competition watchdog

Clarke Willmott has bolstered its procurement team with the arrival of Brendan Ryan as a partner from the Competition and Markets Authority.

Jun 21, 2024

Report highlights “glacial” pace of implementing Levelling Up agenda

The Government's Levelling Up agenda has been progressing at a "glacial" pace, and on many metrics, "the UK as a whole has gone into reverse", a report from the Institute for Fiscal Studies (IFS) has claimed.

Jun 20, 2024

Council wins High Court battle with Government over decision to end support for highways PFI

Birmingham City Council has succeeded on one of six grounds argued in the High Court in a dispute over support from the Secretary of State for Transport for a highways maintenance contract set up under the private finance initiative (PFI).

Jun 06, 2024

Monitoring officer at district council issues section 5 report after project goes £850k over budget

The monitoring officer at Tendring District Council has issued a section 5 report after council officers varied a contract beyond the scope of the approvals in place, leading to additional costs to a project being incurred without authorisation.

Jun 06, 2024

County and city councils in £93.5m dispute over energy-from-waste facility

Derbyshire County Council has demanded a £93.5m payment from Derby City Council in a dispute over the costs of the mothballed Sinfin energy-from-waste plant.

May 20, 2024

Burges Salmon advises borough council on major heat network project

Law firm Burges Salmon has advised Worthing Borough Council on a low carbon district heating project that is intended to offer climate-friendly heating to all Worthing homes and buildings by 2050 and create more than 500 jobs.

May 15, 2024

Make devolution legal right and extend it to 85% of England: Institute for Government

The next government should extend devolution to at least 85% of England's population in order to complete a "job half done", the Institute for Government (IfG) has said.

May 08, 2024

Give local leaders more control over regeneration, says think tank

The next government must give local leaders greater economic powers and financial control over regeneration to boost housebuilding and long-term local economic growth, the Localis think tank has said.

May 01, 2024

Councils can apply to remove ‘hope value’ in CPOs

Councils using compulsory purchase orders (CPOs) can now apply to remove 'hope value' costs, under reforms that came into force on Tuesday (30 April).

May 01, 2024

Government sets out terms of reference for review of causes of legal challenges within NSIP regime

The Department for Levelling Up, Housing and Communities has this week published the terms of reference for the review of the causes of legal challenges brought against the Nationally Significant Infrastructure Projects (NSIP) regime.

FEATURES AND ANALYSIS

June 12, 2024

Subsidy control and transparency

How can the transparency regime under the Subsidy Control Act be improved? Angelica Hymers looks at the options.

June 12, 2024

Climate change and coastal towns and cities

What risks and opportunities does climate change present for coastal towns and cities? Chris Kerr explains.

May 31, 2024

Spatial plans and priorities for growth

Bob Pritchard assesses the role of spatial plans in helping ‘get Britain building again’.

May 29, 2024

If the (aggregate) cap fits

Allan Owen and Beth Edwards provide a summary of the High Court’s recent Judgement in Tata Consultancy Services Ltd v Disclosure and Barring Service which provides useful guidance on limits of liability.

May 24, 2024

DCOs and the need for development

The Court of Appeal recently refused an appeal against a High Court’s decision to dismiss a judicial review of the grant of development consent for Manston Airport. Barristers at Francis Taylor Building analyse the ruling.

May 23, 2024

Get in the Zone: why heat networks are the hottest thing in town

Steve Gummer and Kamran Zaheer dive into the exciting world of Heat Network Zoning—a game-changer in the UK’s journey toward a sustainable future.

May 23, 2024

Breaches of natural justice in adjudications

Those on the losing end of an adjudication often look to a breach of natural justice in order to avoid enforcement of the decision. Though certainly possible, successfully arguing such a breach can certainly be a tough nut to crack, write Ewan Anthony and David Owens.

May 16, 2024

Delay analysis in construction projects

Melanie Blake and David Owens examine methods of delay analysis in construction projects.

MORE NEWS

Apr 22, 2024

Cabinet Office confirms planned ‘go-live’ date of 28 October 2024 for new procurement regime

The Cabinet Office has confirmed that it is working towards a ‘go-live’ date for the new procurement regime of Monday 28 October 2024.

Apr 11, 2024

Minister intervenes to halt permit approvals for waste incinerators

A rarely used Whitehall intervention has seen all permit approvals for new waste incinerators halted until at least 24 May, including one that is the subject of a threatened judicial review by a council.

Apr 10, 2024

Government consults on new Locally-led Urban Development Corporation model

The Government has launched a consultation on the Locally-led Urban Development Corporation (LUDC) model.

Apr 09, 2024

Homes England should have stronger relationships with councils, review says

Homes England should have "even stronger relationships" with local government in order to boost housing delivery, a Government review of the non-departmental body has found.

Mar 27, 2024

Ashfords advises council on consenting for £4bn battery gigafactory

Law firm Ashfords has been appointed to advise Somerset Council on the consenting, funding and development of a £4 billion battery gigafactory in Bridgwater by Agratas, Tata Group’s global battery business.

Mar 26, 2024

Government issues first set of guidance documents to aid understanding of Procurement Act 2023

The Cabinet Office has published a first batch of guidance documents aimed at providing technical guidance on the Procurement Act 2023 and helping with interpretation and understanding of the new regime.

Mar 25, 2024

Waste authority awards law firm £1.47m contract to advise on expiry of waste management contract and procurement of new services

The East London Waste Authority (ELW) has appointed law firm Browne Jacobson to a £1.47m contract to provide legal services as the arrangements for delivering the authority's Integrated Wast Management Strategy (IWMS) near expiry.

Mar 22, 2024

Judicial review over Plymouth tree felling ‘academic’, High Court judge rules

A High Court judge has ruled that a legal challenge against Plymouth City Council’s controversial redevelopment plans, which saw the local authority fell more than a hundred trees, is academic.

Mar 15, 2024

MPs highlight "worrying lack of transparency" around Levelling Up funding and say last-minute rule changes disadvantaged councils

There has been a "worrying lack of transparency" in the approach to awarding Levelling Up funding, and some councils missed out after rules were changed for the funding "as it went along", the Public Accounts Committee has said.

Mar 08, 2024

Tees Valley Mayor sets up cross-authority working group to implement recommendations of independent review as Gove gives six-month deadline for update

The Tees Valley Mayor, Ben Houchen, has set up a cross-authority working group including statutory officers from all five constituent authorities of the Tees Valley Combined Authority (TVCA) to consider and agree an action plan for implementation of the recommendations contained in the recent independent review of the Teesworks Joint Venture.

Mar 08, 2024

Removal of Torbay palm trees by council-owned company proceeded without formal governance and definition, internal investigation finds

An internal investigation carried out by Torbay Council following the controversial removal of 40 palm trees from the Italian Gardens in Torquay has found that the works proceeded “without any formal governance and definition”.

Mar 07, 2024

Barrister peer to lead review on national infrastructure amid claims of “inappropriate legal challenges”

Leading planning barrister Lord Charles Banner KC from Keating Chambers has been asked to lead a Government review into planning and delivery of national infrastructure projects.

Mar 01, 2024

Council to obtain legal advice on fighting decision to allow incinerator

Fenland District Council has voted to seek legal advice on a judicial review challenge to a decision by the Secretary of State for the Department for Energy Security and Net Zero's to allow an incinerator to be built at Wisbech.

Feb 23, 2024

County council to investigate £500k payments made to social media freelancer

Essex County Council's Audit, Governance and Standards Committee will scrutinise a series of controversial contracts totalling £500,000 awarded to a freelance marketer to run a social media campaign.

Feb 22, 2024

Council drops judicial review threat over levelling up funding

Durham Council has ruled out pursuing a judicial review over the Government’s approach to awarding levelling up funding after estimating the cost of litigation would exceed £100,000.

Feb 22, 2024

Council to appoint law firm for independent investigation into housing maintenance service

An independent investigation is set to take place into Guildford Borough Council’s housing maintenance service after a report identifying “a number of serious areas of concern that require further investigation”, the council has said.

Feb 21, 2024

Concerns grow over building control capacity ahead of re-registration deadline for profession

Professional bodies and lawyers have warned construction projects may be disrupted because too few building control inspectors will meet the 6 April deadline to re-register under a new Government approval scheme.

Feb 15, 2024

London borough set to close troubled housebuilding arm

The London Borough of Croydon was due this week to agree to close its ill-fated housebuilding operation Brick By Brick (BBB), losses on which have contributed to its financial crisis.

Feb 14, 2024

Select committee calls on Whitehall to address barriers to effective cross-government working

Delivery of Government programmes is hampered by lack of co-ordination across Whitehall with departments operating in silos, the Public Accounts Committee (PAC) has found.

Jan 22, 2024

Delivery body for restoration of Houses of Parliament selects strategic legal services partner

The Restoration & Renewal Delivery Authority, which is responsible for restoration work at the Palace of Westminster, has appointed law firm Sharpe Pritchard as its strategic legal services partner on a £4.25m contract.

Jan 22, 2024

Improving productivity in Government could save “tens of billions”, head of spending watchdog says

The head of the Government's public spending watchdog has said Government could save "tens of billions" by improving productivity.

Jan 17, 2024

City council and Serco agree to end business support and customer services contract after 12 years

Peterborough City Council and Serco have agreed to end a contract under which the company provided business support, customer services and shared transactional services such as revenue and benefits.

Jan 02, 2024

Competition watchdog criticises approach of combined authority to assessing plans to make £11.6m grant to developer

The South Yorkshire Mayoral Combined Authority's reasoning for awarding an £11.6 million grant to a developer could be "significantly improved and articulated more clearly", the Competition and Markets Authority’s Subsidy Advice Unit (SAU) has said.

Dec 21, 2023

Appeal judges refuse judicial review of Sizewell C nuclear plant approval

The Court of Appeal has rejected a campaign group’s judicial review challenge of the Government’s approval of the Sizewell C nuclear power plant in Suffolk.

Dec 19, 2023

Government issues guidance on establishment and governance of ‘Town Boards’

The Department for Levelling Up, Housing and Communities has issued guidance for local authorities and towns on the establishment of the new breed of ‘Town Boards’ and development of their ‘Long-Term Plan’.

Dec 14, 2023

Council urges Government to refund costs of failed levelling up bids

Durham County Council has called on the Government to repay the £1.2m costs of its five failed levelling up bids after claiming the rules were changed without its knowledge.

Dec 13, 2023

Council s151 officer warns financial implications of HS2 cancellation could trigger section 114 notice

The s.151 officer for Cheshire East Council has warned that the financial impact of cancellation of the northern portion of High Speed 2 (HS2) has put the local authority at risk of issuing a section 114 notice.

Dec 07, 2023

City council criticises Government decision to cut funding for major highways PFI contract

Beleaguered Birmingham City Council faces the loss of a £2.7bn highways maintenance PFI contract after the Government stepped in to block its support funding.

Nov 23, 2023

Borough council mulls legal challenge after adjudication on demolished housing

Chesterfield Borough Council is contemplating legal action over what it has said is the unsatisfactory outcome of an adjudication.

Nov 17, 2023

Spending watchdog criticises how Government allocated levelling up funding amid concern deadlines for completion of projects will be missed

Council projects funded by the Government's levelling up programme are behind where the Department for Levelling Up, Housing and Communities (DLUHC) expected them to be, and it appears unlikely councils will complete the projects by their deadlines, the National Audit Office (NAO) has warned.

MORE FEATURES

May 15, 2024

CPOs and ‘hope value’

‘Hope value’ of planning permission could now be ignored in some Compulsory Purchase Orders. Alex Dillistone and Libby Neilson look at what this will mean in practice.

May 15, 2024

The future of Local Enterprise Partnerships

The transition of functions, obligations and liabilities of Local Enterprise Partnerships has not been smooth and there are a number of issues which remain outstanding. Tiffany Cloynes, Rebecca Gilbert and Chantal Davison consider the present position and how some of those issues may be resolved.

May 08, 2024

Bitesize PPAs – local authorities and ‘private wire’ power purchase agreements

In a blog series Steve Gummer and Tom Knox explore the different types of power purchase agreements (“PPAs”) available for local authorities to consider when procuring (or indeed generating) electricity.

May 08, 2024

Deep dive into solar PV

Steve Gummer and Steve Cirell stress the importance of strategy at a local authority level when it comes to solar PV projects.

May 08, 2024

The Heat is on: Everything you need to know about the Heat Network Technical Assurance Scheme

Steve Gummer and Kamran Zaheer provide the first instalment of a series on heat networks and heat network zoning.

May 03, 2024

JCT 2024 – what’s changed?

The Joint Contracts Tribunal (JCT) published its new Design and Build 2024 and Design and Build Sub-contract 2024 standard forms of contract on 17 April 2024 with much anticipation from across the sector. Rachel Murray-Smith and Helen Arthur set out some of the key changes made.

April 23, 2024

The Procurement Act 2023: "go-live" confirmed

Emily Heard analyses the Cabinet Office's announcement of an intended “go-live” of Monday 28 October 2024 for the Procurement Act 2023.

April 12, 2024

Back-to-back contracting sounds simple, but is it really?

We often hear the term ‘back-to-back’ contracting, but what does this mean, and what are the common themes to consider when faced with a construction project involving multiple parties? Rachel Murray-Smith and Sydney Rich look at the issues.

April 11, 2024

Registration deadline extended for Registered Building Inspectors

The Health and Safety Executive (“HSE”) has extended the deadline for the registration of Registered Building Inspectors (“RBIs”) to 6 July 2024 following industry concerns. Ewan Anthony and Rachel Murray-Smith explain why.

March 08, 2024

Spotlight on Construction Law

It has been a busy year in the construction industry, write David Owens, Rachel Murray-Smith and Helen Arthur, with some standout legislative changes, including in relation to the Building Safety Act 2022, and the Government issuing a significant paper in respect of behaviours relating to PFI contracts.

March 08, 2024