I’ve been reading Morag McDermont’s recent book on the history of the housing association sector and the National Housing Federation, Governing, Independence and Expertise: The Business of Housing Associations. It’s a cracking read and much recommended. It tells the story of the rise of associations, and their development into the business-focused bureaucracies we know and love today. It was as I read this that J flicked over an article about L&Q’s proposed re-development of the Walthamstow dog track. This involves a spat between L&Q and Iain Duncan-Smith – as NL observed in correspondence, it’s* difficult to know which of those two you’d like to see come out … Read the full post
Archive for the 'Regulation and planning' Category
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Bristol City Council v Aldfrod Two LLP [2011] UKUT 130 (LC)
The Upper Tribunal (Lands Chamber) has recently ruled on the proper use of improvement notices under the HHSRS. When I say recent I should actually say a little while ago. You can blame the recent spate of good weather and a short spell of leave for the slightly reduced speed of posting on this.
Anyway, dragging my gaze back from sunny blue skies to the hard grey world of statistics, the situation concerns the use and scoring of the excess cold hazard. In this case Bristol CC had inspected a property which was heated entirely by convector heaters. Most … Read the full post
R (on the application of Milton Keynes Council) v Secretary of State for Communities and Local Government (2011) QBD (Admin) (Harrison J) 11/4/2011
We have previously posted on the saga of the rise and fall of planning permission for HMO property. The story now has a new chapter.
A number of local authorities were distinctly unhappy about the relaxation of the system of HMO planning by the amendment of the General Permitted Development Order to allow change of use from the C3 to the new C4 HMO planning class without seeking permission. They were even less happy that the ability of planning authorities to give notice to withdraw the permission … Read the full post
For those of you interested in selective licensing under Part 3, Housing Act 2004, we bring you news of a possible judicial review case R (Hooper and others) v Hyndburn DC CO/2010/2184, in which Owen J (sitting in the Manchester District Registry) has just granted permission. The case (apparently) focuses on the adequacy or otherwise of the consultation exercise carried out prior to introducing the licensing scheme. The full hearing is anticipated at the end of May.
Readers of my previous notes of the “consultation” exercises undertaken by the coalition government will readily appreciate that I am not the best person to write about a further symbolic consultation, being lead by DCLG, on what it terms “burdens” (indeed, such is the normalised use of this expression that the email address to respond to this consultation is pejoratively: burdens@communities.gsi.gov.uk) as part of the “direction of travel” to decentralisation (dontchajustlove those euphemisms). It transpires that “burdens” refers to every single statutory duty affecting local government, including those imposed by SI and guidance. So far, 1294 such duties have been identified by DCLG – I feel for the poor … Read the full post
Vicky Pollard continues the Chief’s west country theme, albeit somewhat stretched, to demonstrate the Con-Dem approach to consultation about their affordable rent tenancy regime (ie what consultation?). We now have more detail courtesy of the HCA and a brief ministerial statement from Shapps together with a longer press release of the Shapps saves the world type. In summary, the HCA is giving out £4.5 billion of the £6.5 billion of public funding for housing to affordable rent schemes (if you want a quick recap on these – basically, the schemes enable the landlord to charge 80% of the market rent against fixed term, so-called “flexible” tenancies with special procedures regarding … Read the full post
We noted round 1 of Cala Homes (South) Ltd v Secretary of State back in November (see our note here) in which the High Court found that Mr Pickles could not abolish Regional Strategies (e.g. “the south-west plan” governing the approach to, say, new-build housing developments) without primary legislation. He’s currently trying to get that legislation through Parliament in the Localism Bill.
After his defeat in round 1, he issued a statement which “while respecting the court’s decision” told authorities that the decision “changes very little” and that the government would press ahead with abolition via primary legislation. He, and the Chief Planner, informed authorities that this was … Read the full post
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