News & Events
Talks to Solicitors in Local Government in Wales group
date posted: 22/04/2010
On the 20th April 2010 Emyr Jones, Katherine Broadhurst and Emily Tuttiett gave talks to an all-Wales meeting of the Solicitors in Local Government in Wales group at Powys County Council offices at Llandrindod Wells.
Emyr Jones’ topic was the law of town and village greens, an area of law that has grown rapidly over the last 10 years. The majority of applications to register land as village greens are the product of local opposition to development which cannot be thwarted through the planning system and which may concern development forming an important part of the development plan.
In terms of section 4 of the Commons Act 2006 local authorities are constituted the Commons Registration Authority for all land within their area and are obliged to determine applications for registration. In many cases, however, where applications relate to land owned or previously owned by local authorities, these authorities may have to fulfil a dual role as both landowner and objector.
Emily Tuttiet and Katherine Broadhurst took as their subject the application of articles 6 and 8 of the European Convention of Human Rights to the intervention by local authorities in the lives of children and families. The speakers dealt in particular with care orders, supervision orders and education supervision orders, each of which could constitute an interference with the right to respect for private and family life sufficient to trigger consideration under article 8 of the Convention. Relevant case law, which has largely focused on whether interferences have been “necessary in a democratic society” and the fairness or otherwise of a local authority’s decision-making process, was considered and various practical considerations reviewed.
To view the papers given by Emyr Jones click here and to view the paper given by Katherine Broadhurst and Emily Tuttiett click here.