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Suffolk Coastal District Council v Hopkins Homes Ltd and Another: CA 17 Mar 2016

The parties challenged the interpretation of a paragraph (49) of the National Planning Policy: ‘In particular, they concern the meaning of the requirement in the policy that ‘[relevant] policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites’, and the … Continue reading Suffolk Coastal District Council v Hopkins Homes Ltd and Another: CA 17 Mar 2016

Kowalek and Another v Hassanein Ltd: CA 25 Jul 2022

Whether a rent repayment order made against the respondent, Hassanein Limited (‘the Company’), under the Housing and Planning Act 2016 (‘the 2016 Act’) was for too small a sum. The appeal raises issues as to how the amount of a rent repayment order should be determined. Judges: Lord Justice Newey Lord Justice Coulson And Lord … Continue reading Kowalek and Another v Hassanein Ltd: CA 25 Jul 2022

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

Simpson House 3 Ltd v Osserman and Others: UTLC 23 Jun 2022

Housing – Rent Repayment Order – conduct issues relied on by tenants not dealt with by FTT – appeal allowed – approach to be taken to FTT’s assessment in redetermining tenants’ original application – ss. 40, 44, Housing and Planning Act 2016 – s.12, Tribunals, Courts and Enforcement Act 2007 Citations: [2022] UKUT 164 (LC) … Continue reading Simpson House 3 Ltd v Osserman and Others: UTLC 23 Jun 2022

Hallett v Parker and Others: UTLC 24 Jun 2022

Housing – Rent Repayment Order – Proper Approach – Factors Relevant To Determination of Sum To Be Repaid – whether FTT’s failure to take account of suggested mitigation an error of law – sections 40, 44, Housing and Planning Act 2016 – appeal allowed and decision remade Citations: [2022] UKUT 165 (LC) Links: Bailii Statutes: … Continue reading Hallett v Parker and Others: UTLC 24 Jun 2022

Samuel Smith Old Brewery (Tadcaster) and Others, Regina (on The Application of) v North Yorkshire County Council: SC 5 Feb 2020

The Court was asked whether the appellant county council, as local planning authority, correctly understood the meaning of the word ‘openness’ in the national planning policies applying to mineral working in the Green Belt, as expressed in the National Planning Policy Framework Held: The appeal was allowed, and the first instance decision restored. On a … Continue reading Samuel Smith Old Brewery (Tadcaster) and Others, Regina (on The Application of) v North Yorkshire County Council: SC 5 Feb 2020

Suffolk Coastal District Council v Hopkins Homes Ltd and Another: SC 10 May 2017

The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year … Continue reading Suffolk Coastal District Council v Hopkins Homes Ltd and Another: SC 10 May 2017

Westminster Bank Limited v The Minister for Housing and Local Government, Beverley Borough Council: HL 1971

The Bank’s application for planning permission was refused on the grounds that the development might prejudice the possible future widening of a road. The local authority could have prescribed a building line in accordance with a provision of the Highways Act, 1959, but in that event would have had to pay compensation for the injurious … Continue reading Westminster Bank Limited v The Minister for Housing and Local Government, Beverley Borough Council: HL 1971

Regina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd: HL 14 Nov 1991

A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and ultra vires. A power to charge did not arise by necessary implication. The words ‘necessary implication’ … Continue reading Regina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd: HL 14 Nov 1991

Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014

The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that argument. Held: The basic issues was ‘where land is provided and maintained by … Continue reading Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014

Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010

The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010

Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019

W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development contributing funds locally, and that such was not capable of being … Continue reading Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019

Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited: SC 25 Oct 2017

The court was asked whether, anticipating substantial growth, a local authority had power to attach to permissions for development conditions intended to recover sums for pooled fund for infrastructure development. Held: The appeal failed. Approved strategic development plans and their supplementary guidance are of substantial importance to planning decisions. A planning obligation may be entered … Continue reading Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited: SC 25 Oct 2017

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Chartbrook Ltd v Persimmon Homes Ltd and Others: HL 1 Jul 2009

Mutual Knowledge admissible to construe contract The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations. Held: The appeal succeeded. There were difficulties in construing the contract. The contract … Continue reading Chartbrook Ltd v Persimmon Homes Ltd and Others: HL 1 Jul 2009

Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015

The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course. Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and ‘ The flexibility conferred on the Scottish Ministers in each of those conditions to … Continue reading Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015

Medway Council v Secretary of State for Communities and Local Government and Others: Admn 23 Mar 2016

The court considered an application by a developer under section 106BA to modify the requirement so that a payment for the provision of affordable housing is deleted, and its succeeding in an appeal to the Defendant Secretary of State under section 106BC of the Act. Judges: Gilbart J Citations: [2016] EWHC 644 (Admin) Links: Bailii … Continue reading Medway Council v Secretary of State for Communities and Local Government and Others: Admn 23 Mar 2016

Goldsbrough and Another v Ca Property Management Ltd and Others: UTLC 29 Oct 2019

Housing – House In Multiple Occupation Held: An application for a rent repayment order could be made against a superior landlord (here the freeholder) despite the applicants never having been in the relationship of landlord and tenant or licensor and licensee with that person. Citations: [2019] UKUT 311 (LC) Links: Bailii Jurisdiction: England and Wales … Continue reading Goldsbrough and Another v Ca Property Management Ltd and Others: UTLC 29 Oct 2019

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Kaszowska and Others v White: UTLC 14 Jan 2022

HOUSING – RENT PAYMENT – whether a rent repayment order may be made against a director of a company landlord – s.251, Housing Act 2004 – ss. 40, 41, Housing and Planning Act 2016 – appeal dismissed Citations: [2022] UKUT 11 (LC) Links: Bailii Jurisdiction: England and Wales Housing Updated: 02 February 2022; Ref: scu.671191

West Berkshire District Council Reading Borough Council v Department for Communities and Local Government: Admn 31 Jul 2015

The Claimants, West Berkshire and Reading Borough Councils sought to challenge decisions of the Secretary of State: (i) to make alterations to national policy in respect of planning obligations for affordable housing and social infrastructure contributions by way of a Written Ministerial Statement in the House of Commons (HCWS50); and (ii) to maintain those policy … Continue reading West Berkshire District Council Reading Borough Council v Department for Communities and Local Government: Admn 31 Jul 2015

Williams v Parmar and Others: UTLC 6 Oct 2021

HOUSING – RENT REPAYMENT ORDER – Housing and Planning Act 2016 ss.40-46 – offence of managing unlicensed house in multiple occupation – amount of rent repayment orders – identification of relevant period specified in s.44(2) – approach to exercise of discretion on amount of RRO relating to the rent paid during the relevant period [2021] … Continue reading Williams v Parmar and Others: UTLC 6 Oct 2021

Mintblue Propertiesltd, Re: Re: Car Park of Former E-Mag Factory: UTLC 7 Apr 2016

UTLC Compensation – planning permission – compulsory acquisition of land required for new highway – appeal against certificate of appropriate alternative development restricting residential development to 100% affordable housing – development plan – material consideration of extant planning permission on balance of site – Land Compensation Act 1961, s18 – appeal allowed [2016] UKUT 172 … Continue reading Mintblue Propertiesltd, Re: Re: Car Park of Former E-Mag Factory: UTLC 7 Apr 2016

Watts and Co v Morrow: CA 30 Jul 1991

The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his negligent survey of a property. The plaintiff sought damages for distress, and the cost of … Continue reading Watts and Co v Morrow: CA 30 Jul 1991

Porter and Weeks v Magill: HL 13 Dec 2001

Councillors Liable for Unlawful Purposes Use The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be unlawful and leave the authority unable to meet … Continue reading Porter and Weeks v Magill: HL 13 Dec 2001

Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000

The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000

Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968

Exercise of Ministerial Discretion The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when compared with prices paid to producers in other regions. The Minister … Continue reading Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Benjamin Philip Jacob-Smith: FTTPC 18 Feb 2022

Housing Act 2004 and Housing and Planning Act 2016 – Banning Orders Citations: [2022] UKFTT CAM – 38UC – HBA Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 25 November 2022; Ref: scu.674394

Ball v Sefton Metropolitan Borough Council: UTLC 18 Feb 2021

HOUSING – RENT REPAYMENT ORDER – application by local housing authority for repayment of universal credit – whether exceptional circumstances justifying repayment of less than the full amount received – sections 45, 46 Housing and Planning Act 2016 – appeal dismissed Citations: [2021] UKUT 42 (LC) Links: Bailii Jurisdiction: England and Wales Housing Updated: 02 … Continue reading Ball v Sefton Metropolitan Borough Council: UTLC 18 Feb 2021

6 Cowper Road, London N16 8PF: FTTPC 23 Feb 2022

Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders Citations: [2022] UKFTT LON – 00AM – HMF Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 July 2022; Ref: scu.674384

86 Cotswold Road, Bristol, Avon BS3 4NS: FTTPC 9 Jul 2021

Housing Act 2004 and Housing and Planning Act 2016 – Houses In Multiple Occupation Licensing Citations: [2021] UKFTT CHI – 00HB – HML Links: Bailii Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 05 May 2022; Ref: scu.673304

Urban Lettings (London) Ltd v London Borough of Haringey: UTLC 5 Mar 2015

UTLC HOUSING – houses in multiple occupation – landlord and tenant – rent repayment order – person having control – appropriate person to repay rent – ss 61(7), 72(1) and 73(5) Housing Act 2004 – appeal dismissed.A rent repayment order was made against the immediate landlord of the occupational tenants although the landlord had only … Continue reading Urban Lettings (London) Ltd v London Borough of Haringey: UTLC 5 Mar 2015

Dover District Council v CPRE Kent: SC 6 Dec 2017

‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the … Continue reading Dover District Council v CPRE Kent: SC 6 Dec 2017