- Update/Intermediate * 3 hours CPD
Many statutes give local authorities the power to enter private land and carry out works themselves, usually where some form of enforcement notice, served on the landowner has failed to secure compliance. However, in many instances authorities are reluctant to use these powers. Recent cases have highlighted the problems that arise from human rights considerations.
This course aims to provide an overview of the pitfalls involved for local authorities in taking direct action. The course is aimed at local authority lawyers and professionals in housing, planning, highways and environmental health departments to enable them to be confident as to when direct action is lawful and appropriate, and when the assistance of the courts should be sought instead. Particular problem areas will be considered in context with suggested solutions.
The course will cover:
- An overview of the statutory provisions: Town and Country Planning Act 1990 s.178, 209, 219, 225, Housing Act 2004 s.31, Environmental Protection Act 1990 s.81, Highways Act 1980 s.165
- Human rights compatibility: the right to respect for one's home and property and relevant case law
- Powers of entry: how can trespass be avoided? Who can be authorized - the use of private contractors; who can authorize direct action?
- When other powers should be used instead: the court's approach to injunctions; cross-undertakings in damages; compulsory purchase; prosecutions; protection from eviction and relevant case law
- Is there a risk of not taking direct action? Breach of statutory duty, negligence and Ombudsman complaints
- Recovery of costs: Limitation of actions; powers of sale; debt actions and local land charges