PLC Public Sector reports:
This week’s actions are:
Exemptions for waste activities: waste disposal authorities carrying on waste disposal or recovery operations generally should be aware that the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009 come into force on 6 April 2010 and will:
- Simplify the regulation of low risk waste recovery and disposal operations in England and Wales.
- Amend the existing exemptions for certain types of waste activities from the requirement to hold an environmental permit under the Environmental Permitting regime .
New duties for local authorities: local authorities should be aware that the Local Democracy, Economic Development and Construction Act 2009 (Commencement No 2) Order 2009 was made on 17 December 2009 and commences various provisions of the Local Democracy, Economic Development and Construction Act 2009. With effect from 6 April 2010:
- Public authorities in England have a duty to secure the involvement of the public in the exercise of their functions.
- Local authorities in England (but not a district council where there is a county council) have to designate a scrutiny officer.
- Local authorities in England have a duty to prepare economic assessments of their area.
Planning: local authority planning lawyers and local planning authorities:
- Involved in planning appeals will welcome the decision of the Court of Appeal in R (on the application of Martin Perrett) v Secretary of State for Communities and Local Government and anor. As a result of that decision, the planning appeals procedure will be faster and simpler since appeals can be redetermined on specific grounds and those who have breached planning law will find it more difficult to draw out the appeals process for tactical purposes.
- Should be aware of changes to the publicity rules for planning applications, which:
- introduce a new requirement (although many local planning authorities already do so) to publish information about planning decisions on local planning authority websites;
- retain the statutory requirement for publishing certain applications in newspapers; and
- extend the statutory period for displaying site notices for listed building and conservation area consents, and for development affecting the setting of a listed building or the character or appearance of a conservation area, from seven to 21 days.
Procurement: procurement officers and those who advise them should familiarise themselves with the guidance published by the OGC on the implementation of the new Remedies Directive in the UK. The guidance covers the key aspects of the rule changes and transitional provisions, the new standstill provisions and the new ineffectiveness remedy.
Consultations: this week there were five consultations on:
- Proposals for draft regulations, setting out offences and penalties for breaches in Great Britain of EC Regulation No 105/2009 on ozone-depleting substances.
- Extending the Carbon Emissions Reduction Target.
- NHS car parking charges.
- Prohibiting lenders from selling residential property without a court order or the borrower’s consent.
- Implementation of defence procurement directive.