Ref. LCrownhall Estates Ltd, R (on the application of) v Chichester District Council & Ors [2016] EWHC 73
In the latest of a long line of legal proceedings, Mr Justice Holgate has presided over a third judicial review of the Loxwood Neighbourhood Plan (LNP). The result is a comprehensive victory for the defending council and a boost for Neighbourhood Plan drafters everywhere…
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Tag: council
Council billed £40,000 for mother and child human rights breaches
Ref. Medway Council v M & T (By Her Children’s Guardian) [2015] EWFC B164
Following established breaches under the Human Rights Act 1998, Medway Council have been ordered to pay damages of £20,000 to mother and child respectively. Her Honour Judge Lazarus commented that there had been an ‘alarming history’ of the unlawful accommodation of the girl by the authority for a period exceeding two years.
New Housing and Planning Bill to enforce councils to produce local plans for new homes by 2017
A new Housing and Planning bill has highlighted the government’s ambition to build 1 million new homes by 2020, as well as set a deadline for local councils to provide a local plan.
At present 82% of local councils have published local plans setting out how many homes they plan to deliver, however, only 65% have fully adopted them. Furthermore, almost 20% of councils do not have an up to date local plan at all.
The new bill will aim to improve these figures by setting a deadline of 2017 to produce a local plan. Failure to do so will result in the government consulting with local people to produce one for them, with David Cameron saying:
“If they fail to act, we’ll work with local people to produce a plan for themâ€
Other proposals set out by the bill in order to boost home building and ownership include a legal duty on councils to guarantee the delivery of Starter Homes and to promote the scheme to first time buyers.
David Cameron explains:
‘The government will do everything it can to help people buy a place of their own and at the heart of this is our ambition to build one million new homes by 2020. Many areas are doing this already but we need a national crusade to get homes built and everyone must play their partâ€
The new legislation will also incorporate automatic planning permission in principle on brownfield sites, enabling as many homes as possible to be built whilst protecting green belt land.
Cameron has also announced that a temporary rule that was introduced in May 2013 that allowed disused offices to be converted into residential properties without planning permission, will be made permanent after more than 4,000 conversions were given the go ahead between April 2014 and June 2015.
One supporter of the new bill is Jeremy Blackburn, head of policy at the Royal Institution of Chartered Surveyors who explains:
“It is good to see these now coming forward in the Bill. Some sites have been locked up for too long and these measures, coupled with a brownfield register and fund, will get them moving. While these new measures build on the National Planning Policy Framework and are welcome, the system needs to really pick up speed in order to deliver the vibrant property sector on which the success of our economy depends.â€
The Chief Executive of the British Property Foundation also supports the bill:
“Measures to ensure local plans be put in place by 2017 will bring much needed certainty for potential investors and provide a catalyst for growth. Our members focus on brownfield opportunities and so measures that bring more land forward will also be warmly supportedâ€
BT www.propertysurveying.co.uk 10.10.15
Policy Exchange want new ‘Garden Village’ powers for Councils
In a paper by think-tank ‘Policy Exchange’, a new policy of devolved power to local authorities has been put forward, which would enable them to create ‘garden villages’ of between 1,500 and 5,000 homes…
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Council criteria creates homeless ex-soldier because he is “not a drunk or drug addictâ€
Bournemouth Council has rejected a request for help from exactly the sort of person who we think should be entitled to priority assistance from the state. Despite 9 years in the armed forces and over a decade of working as a kitchen fitter and paying his taxes, Matthew Dennis was refused by Bournemouth Council in his hour of need. Why? Because he wasn’t a ‘priority case’…
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Substantial blow to Councils as Pickles removes S. 106 charges for small builders
Identifying the heavy burden of S. 106 negotiations and charges as a major stumbling block for the UK construction industry, Eric Pickles has moved to exempt sites of 10 or fewer properties from the Council’s grip. The result should be a boost to the numbers of small and medium sized construction firms, which have been hit hard by the recent recession and are yet to bounce back….
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Government announce £23m boost to Neighbourhood Planning – But would you get involved?
Ministers on 31st October announced a further £23m of funding to aid take up and delivery of neighbourhood plans (NDPs) which, once established, become a planning consideration for councils in determining applications. With only 33 plans currently in operation, the hope is that extra funding can finally push NDPs into becoming an influential part of the planning system, not a side note…
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