Public Sector and Local Government Property issues

Overview

Property issues arising in the public sector often require a thorough understanding of both property law and the relevant public law context. From the acquisition of land for schools or hospitals, the interpretation of obligations of public bodies who are landowners, or the consequences of failure to comply with statutory provisions, the intersection of property and public property law means that litigation in this field brings unique challenges. Landmark’s barristers have considerable experience advising and acting for and against local authorities, government departments, NHS and other public bodies in these types of cases.

The range of issues that can arise in this context is almost infinitely varied. Landmark’s exceptional strength in public law as well as property means that there will always be a member, or combination of members, with relevant experience able to assist. Members have advised and appeared in such cases at all levels up to and including the Supreme Court. Recent cases in the higher courts include:

• The consequences for a local authority not complying with the requirements for discharge of a statutory trust - Day v Shropshire Council [2023] UKSC 8; [2023] 2 WLR 599)
• The impact of the principle of Crown indivisibility when serving enfranchisement notices - Annington Property Ltd v Secretary of State for Defence [2023] EWHC 1154 (Admin)
• The impact of retained EU law on HMO licensing - Waltham Forest LBC v Hussain [2022] UKUT 241 (LC); [2023] HLR 1.

In addition, Landmark’s barristers are regularly instructed in cases covering issues such as:

• The acquisition and disposition and for schools (including academies, voluntary and foundation schools, and issues under the School Sites Act 1841)
• The use of planning and other powers to overcome property law impediments to development or regeneration
• Liability for unexploded ordnance (UXO) on publicly owned land
• Restrictive covenants raising issues of statutory interpretation and statutory powers
• Human rights issues in contexts as diverse as building safety and private nuisance claims
• Application of the public sector equality duty to asset management decisions
• Property issues arising in the NHS, including GP premises.