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 […]

Equality duty to be in force 6 April

The Government Equalities Office has announced that the Public Sector Equality Duty will be in force from 6 April 2011. The Equalities Office page has links to the following documents: Draft regulations on the specific duties; Draft order amending Schedule 19, listing the public bodies to which the duty applies; A ‘Quick Start’ guide for […]