The “new” housing strategy published today, Laying the Foundations: A Housing Strategy for England, has some interesting bits to it, but it is somewhat unfortunate that the government has taken the opportunity to trumpet its achievements and pronounce their success in this document without proper, close evaluation. Readers of this blog will not be surprised by the self-publicity and self-laudatory approach in the strategy, although the endless critique of New Labour in the document is both tiresome and unnecessary as it really isn’t supported by evidence, and rather distorts the reality (in fact, the one thing New Labour did do was to commission research on their reforms, which the … Read the full post
Archive for the 'Regulation and planning' Category
Charles Terence Estates Ltd v Cornwall Council [2011] EWHC 2542 (QB) (subnom oh dear, oh dear)
Forgive the length of this note, but this seems to be a significant case with potentially far-reaching ramifications. The judgment of Cranston J (in my view) is mostly spot-on and hugely learned (see well below for an appreciation). It will be interesting to see whether this case goes further – my insider information is less than clear on the prospects of an appeal. For what it’s worth, my view is that an appeal would likely be unsuccessful but important in providing clearer lines about the fiduciary duty and capacity issues discussed below, as well … Read the full post
The London Borough of Newham is holding a consultation on the introduction of selective licensing accross the whole borough. Selective licensing is a byproduct of the HMO licensing provisions in the Housing Act 2004. It permits a local authority to licence all landlords in a specific area where that area is one of low housing demand or anti-social behaviour, the local housing authority can show that there are problems which are in part due to poor housing management, and they can show that a licensing scheme will alleviate the problem. There is also an obligation to hold a consultation with stakeholders and affected parties.
However, it is not as simple … Read the full post
It is certainly not a truism that legislation which is given the closest possible scrutiny is thereafter free from doubt – consider, for example, the Law of Property (Miscellaneous Provisions) Act 1989, which we always used to call the mysterious provisions Act because nobody was quite sure what its ambit was (as has subsequently proved to be the case). However, it is a pretty good rule of thumb that legislation which is rushed through without proper consideration or proper consultation is going to be laden with doubt – consider the rent deposit debacle on which my colleagues at NL have been moved to comment on endlessly. Further, when that legislation involves … Read the full post
Broxbourne Borough Council v Robb & Ors [2011] EWHC 1626 (QB)
I’ll give a somewhat lengthy report of this case, because it is one of the first to touch on the changing planning environment for Gypsies and travellers after the DCLG’s stated intention to remove the Regional Plans and after Cala in the Court of Appeal (our brief report here).
This was Broxbourne BC’s committal application, much adjourned, for breach of an injunction to cause, permit or occupy a caravan on a plot alongside the river Lea. Mr Breary was the second defendant. From 2009, Mr B owned the plot number 19, one of 73, 50 of which … Read the full post
R (Cala Homes (South) Ltd) v Secretary of State (No.2) [2011] EWCA Civ 639 is one that we may have missed when it first came out (or we decided not to do it – we can’t quite remember now), but, given that I have some free time this morning, I thought I’d do a short note on it. We’ve set out the background (and there is a fair bit of it) here (Cala Homes No. 1) and here (Cala Homes No.2 – High Ct) and I won’t repeat it. In essence:
(a) the government announced it would abolish Regional Strategies;
(b) it then purported to do so, under the Local … Read the full post
R (Baron, Peat & Othrs) v Hyndburn District Council, Administrative Court, Manchester District Registry, 14 April 2011 (Not on BAILII as yet)
J has previously alluded to this case involving an application for permission for Judicial Review of a local authority decision to make a selective licensing designation. However, we now have a full transcript.
Selective licensing is found under Part 3 of the Housing Act 2004. It allows local authorities to designate all landlords in a specified area as requiring a licence to let their property. This is only permitted if the local authority reasonably considers that the area is or is likely to become an area of … Read the full post
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