The council imposed a parking scheme on one of the estates for which it was landlord. A tenant challenged the scheme saying it could only have been imposed by a byelaw, not a resolution.
Held: ‘section 7(1) extends the powers of a housing authority beyond those in section 23(1), or at least avoids any unclarity in the important area of making byelaws. In particular, section 7(1) of the 1975 Act extends to the regulation of parking on any land held for the purposes of Part II of the Housing Act 1985.’ The council’s appeal succeeded. The scheme was lawful.
Judges:
Buxton LJ, Moses J
Citations:
[2002] EWCA Civ 582
Links:
Statutes:
Housing Act 1985 23(1), Greater London Council (General Powers) Act 1975 7(1)
Jurisdiction:
England and Wales
Citing:
Application for leave – Akumah v London Borough of Hackney CA 27-Nov-2001
Application for leave to appeal. The council had introduced a parking scheme for its housing estates. The resident challenged its validity saying it had been introduced by council resolution not by byelaw. Leave granted . .
Appealed to – Akumah v London Borough of Hackney HL 3-Mar-2005
The authority set up a parking scheme for an estate of house of which it was the landlord. Those not displaying parking permits were to be clamped. The appellant complained that the regulations had been imposed by council resolution, not be the . .
Cited by:
Full Appeal – Akumah v London Borough of Hackney CA 27-Nov-2001
Application for leave to appeal. The council had introduced a parking scheme for its housing estates. The resident challenged its validity saying it had been introduced by council resolution not by byelaw. Leave granted . .
Appeal from – Akumah v London Borough of Hackney HL 3-Mar-2005
The authority set up a parking scheme for an estate of house of which it was the landlord. Those not displaying parking permits were to be clamped. The appellant complained that the regulations had been imposed by council resolution, not be the . .
Lists of cited by and citing cases may be incomplete.
Local Government, Housing
Updated: 23 June 2022; Ref: scu.217011