January 03, 2012
The case concerned HMOs (houses in multiple occupation). Councils in Milton Keynes, Newcastle and Oxford had brought the judicial review case in respect of a decision by the present government to do away with planning permission for HMOs. The decision came just six months after the previous government had introduced it.
The councils argued that the government had failed to sufficiently consult with them prior to making the change. The decision to reverse the previous administration’s introduction of planning permission for HMOs was, according to LJ Pill made because the coalition did not agree with the wide sweeping requirement for planning permission. He said “the government was concerned that the requirements would deter prospective landlords from entering the market, leading to inadequate supplies of low-cost housing in many areas.”
Milton Keynes council described their reaction to the change in law as ‘outraged’.
Ruling against the councils, Pill LJ referred to the government’s ‘recent and comprehensive’ consultation. He said “the secretary of state was minded to make the orders challenged notwithstanding the strong, articulated objections to them by local planning authorities, of which he was aware. The decision to make them was a political decision which the secretary of state was entitled to make. In the circumstances, he was then entitled, first, to make the consultation a limited one and, secondly, to decide that there was no evidence of significant new issues arising, which required fuller consultation.”
