Laying the foundations …

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 […]

Contracts and public law: The Cornwall case

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 […]

Back in the Consulting Room

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 […]

The Localism Bill: Rush, rush, rush …

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 […]

Injunction, planning and committal, post Cala

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 […]

Materiality, weight and the plans of the Secretary of State

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 […]

In the Consulting Room

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. […]

Pots and kettles

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 […]

Its Cold In There

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 […]

Plan for this!

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 […]