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 […]

Possible selective licensing case

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 […]

A (further) symbolic consultation

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 […]

Yeah but, no but …

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 […]

Attaching weight to Mr Pickles

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 […]