Documents

This LTN outlines the planning appeal process and the rights of local councils.

• Legal Topic Note 58 : Appealing Planning Decisions revised April 2015 (PDF, 63 Kb)

This LTN considers the statutory and common law relating to the use of motor vehicles and rights of way including the complexities of easements over common land and village greens.

• Legal Topic Note 57 : Easements over Common Land and Village Greens revised November 2020 (PDF, 193 Kb)

This LTN outlines the law relating to the provision of facilities on village greens.

• Legal Topic Note 56 : The Provision of Play and Sports Equipment on Village Greens revised August 2015 (PDF, 47 Kb)

This LTN gives guidance on claiming possession of ownerless land.

• Legal Topic Note 55 : Adverse Possession Claims revised October 2016 (PDF, 40 Kb)

This LTN defines the term common land and explains about ownership and the rights of individuals particularly in relation to use as pasture.

• Legal Topic Note 53 : Protection of Common Land revised April 2011 (PDF, 74 Kb)

This LTN covers the temporary letting of an allotment site for an alternative use where demand for allotments has diminished (whilst still allowing the land to return to use as an allotment site once demand increases).

• Legal Topic Note 52 : Temporary Use of Allotment Land revised November 2012 (PDF, 53 Kb)

This LTN explains the circumstances in which the Agricultural Holdings Act 1986 can be used instead of the Agricultural Tenancies Act 1995.

• Legal Topic Note 51 : Agricultural Holdings Act 1986 revised November 2007 (PDF, 70 Kb)

This LTN explains the landlord and tenant relationship in agricultural tenancies including an explanation of the definitions and terms used in The Agricultural Tenancies Act 1995. It explains tenants rights, rent reviews and notices to quit.

• Legal Topic Note 50 : The Agricultural Tenancies Act 1995 revised October 2010 (PDF, 59 Kb)

This LTN covers the legislation around business tenancies and the right to a new tenancy.

• Legal Topic Note 49 : Business Tenancies revised October 2010 (PDF, 37 Kb)

This LTN clarifies the difference between a lease and a licence. The contractual arrangement which both afford and how they affect land ownership is explained.

• Legal Topic Note 48 : The Difference between Leases and Licences revised October 2010 (PDF, 31 Kb)

This LTN describes what easements are and how they are created, with particular emphasis on implications for local councils. The document explains rights of way by foot and vehicle.

• Legal Topic Note 47 : Easements revised April 2011 (PDF, 53 Kb)

This LTN explains the difference between registered and unregistered land and includes contact information for the land registry.

• Legal Topic Note 46 : Registered Land revised August 2014 (PDF, 47 Kb)

This LTN covers the particular rules relating to the disposal of charity land by councils that are also charity trustees. See LTN 45 for the general rules relating to the disposal of non charity land.

• Legal Topic Note 45A : Disposal of Charity Land by Local Councils Acting as Charity Trustees revised December 2016 (PDF, 44 Kb)

This LTN outlines the general rules covering the appropriation and disposal of land including open spaces, playing fields and allotment sites. See LTN45A for information relating to the disposal of charity land.

• Legal Topic Note 45 : Disposal and Appropriation of Land by Local Councils revised December 2016 (PDF, 91 Kb)

This LTN explains the legal consequences of wrongful entry to land and buildings.

• Legal Topic Note 44 : Trespass to Land revised October 2016 (PDF, 62 Kb)

This LTN gives guidance to councils in relation to licences for access from private gardens onto council owned land.

• Legal Topic Note 43 : Private Access to Council Land revised April 2011 (PDF, 42 Kb)

This LTN outlines a local council's legal obligations to visitors, contractors and trespassers at council owned land and buildings under the Occupiers Liability Acts 1957 & 1984.

• Legal Topic Note 42 : Occupiers Liability revised January 2017 (PDF, 68 Kb)

This LTN gives guidance to councils who occupy land. It covers duty of care, occupiers liability and covenants.

• Legal Topic Note 41 : The Responsibilities of Councils as Landowners revised June 2016 (PDF, 35 Kb)

This LTN gives an overview of copyright, the use of copyrighted materials and guidance on breach of copyright.

• Legal Topic Note 39: Copyright revised January 2023 (PDF, 200 Kb)

This LTN explains a local councils obligations in relation to the protection of an individual's personal data.

• Legal Topic Note 38: Data Protection revised November 2018 (PDF, 3 Mb)

This LTN refers to the Unfair Contract Terms Act 1977 (business contracts) and the Consumer Rights Act 2015 (consumer contracts) and explains negligence within contract law.

• Legal Topic Note 36: Unfair Contract Terms Act 1977 revised January 2017 (PDF, 48 Kb)

This LTN describes how contracts are created, different types of contractual obligations, and the consequences of breaching them.

• Legal Topic Note 35: Contracts revised February 2017 (PDF, 59 Kb)

This LTN covers retirement gratuities.The majority of local councils cannot now pay a gratuity but this document explains the contractual circumstance in which a council may be required to pay a retirement gratuity.

• Legal Topic Note 34: Retirement Gratuities revised May 2012 (PDF, 38 Kb)

This LTN covers the chairman's allowance and the different types of allowances that can be paid to councillors.

• Legal Topic Note 33: Councillors' Allowances revised August 2019 (PDF, 1003 Kb)

This LTN outlines the basics of VAT and explains business and non-business activities, exempt supplies, reclaiming VAT and VAT as it applies to land and buildings. Useful links to VAT notices relevant to local councils are included.

• Legal Topic Note 32 : Local Councils and VAT revised January 2011 (PDF, 82 Kb)

This LTN covers the legislation relating to defamation and explains the terms slander and libel as well as insurance requirements.

• Legal Topic Note 30: Defamation revised October 2020 (PDF, 191 Kb)

This LTN outlines the liability of owners in terms of straying animals on highways and common land and refers local councils to the relevant legislation.

• Legal Topic Note 29: Straying Animals revised November 2007 (PDF, 26 Kb)