A “ person managing “a house in multiple occupation within the meaning of Section 263 of the Housing Act 2004 is subject to statutory duties in relation to licensing and management, and may be exposed to the risk of sanctions. CETIN v EPPING FOREST DC (2025) UKUT 196 (LC) considers the interpretation of the expression, and rules that it does NOT include a residential letting agent who was instructed on a “ let only “ basis to let a room in an HMO, and who had no further involvement with the property after receiving a single instalment of rent on the day of the letting.
AIR QUALITY POLLUTION
June 18th, 2025 by James Goudie KC in Planning and EnvironmentalR ( CAFFYN ) v SHROPSHIRE COUNCIL ( 2025 ) EWHC 1497 ( Admin ) is a case about the approach taken by the Council as Local Planning Authority to the environmental effect of proposed intensive poultry units on a Shropshire farm. Fordham J finds in favour of the Claimant on some points and in favour of the Council on others. The decisions against the Council include that it was a material error to exclude from assessment post Air Pollution Information System projects subject to Environmental Permit but not planning decision.
HOMELESSNESS
June 17th, 2025 by James Goudie KC in HousingThe issue in NORTON v HARINGEY LBC (2025) EWCA Civ 746 was whether a local authority is precluded from determining the suitability of offered accommodation if it has not prepared a lawful assessment pursuant to Section 189Aof the Housing Act 1996. An assessment of suitability based on an unlawful or otherwise legally flawed assessment under section 189A is itself legally flawed, but what previous cases have not addressed is whether an authority is precluded from independently and lawfully assessing suitability in the absence of a Section 189A assessment or Personal Housing Plan. The Court of Appeal held that the authority was not precluded. The decision on suitability contained no legal flaw.
DELAY IN JUDICIAL REVIEW
June 11th, 2025 by James Goudie KC in Judicial Control, Liability and LitigationSURREY COUNTY COUNCIL v BC ( 2025 ) EWCA Civ 719, a case on Section 20 of the Children Act 1989 and the provision of accommodation, addresses delay in the bringing of judicial review proceedings. The Court says at para 18 that “ in recent times there has been a greater emphasis on the tight time limits in judicial review”; and at para 43 that “ judicial review is not a regime where a claimant is entitled to wait, dotting every available ”i” and crossing every possible “ t “ before making a claim for judicial review.” “ If documents are potentially important and outstanding, then one possibility is for a claimant to issue proceedings, and then seek to delay the hearing of the permission application until after disclosure. What a claimant cannot do is to delay issuing proceedings in the hope that something might turn up on disclosure.”
ASSET OF COMMUNITY VALUE
June 11th, 2025 by James Goudie KC in Land, Goods and ServicesDAIRYGEN Ltd ( trading as “ the Shire Horse “ ) v DERBYSHIRE DALES DISTRICT COUNCIUL ( 2025 ) UKFTT 669 ( GRC ) considered whether the closed Shire Horse pub was a asset of community value under Section 88 of the Localism Act 2011. The issue was whether , given that the user under consideration had already ceased, whether it was “ realistic to think “ that there is a time in the next 5 years when there could be non-ancillary use of the building that would further social interests or social well-being of the local community.
The Tribunal found that the likelihood of use as a pub/restaurant in the near future was not realistic. The prospect of a buyer being found who would purchase the former pub and restore it was unrealistic in light of its troubled trading history and its location within a sparsely populated village.
The DRAGONFLY case ( 2025 ) UKUT 51 ( AA ) was distinguished having regard to the pub there being in a busy urban area rather than rural location.
ENVIRONMENT PROTECTION ACT 1980 Section 80
June 10th, 2025 by James Goudie KC in Environment, Highways and LeisureA noise nuisance abatement notice was held to be valid in ENFIELD LBC v BECKFORD (2025) EWHC 1218. The notice did not have to specify the steps the recipient had to take. It was for the recipient to decide how to achieve the abatement.
REMOTE ATTENDANCE AND PROXY VOTING
June 9th, 2025 by James Goudie KC in Decision making and ContractsMHCLG has announced that the Government plans to legislate in relation to both the above “ when Parliamentary time allows “. It is planned to PERMIT local authorities to develop their own “ locally appropriate policies “ IF they decide to hold REMOTE MEETINGS. On proxy voting, it is planned to REQUIRE principal councils to implement PROXY VOTING SCHEMES, to provide consistency for Members who are absent when they become a new parent or for serious or long-term illness. The requirement will apply to Meetings of FULL COUNCIL. For all other Meetings, proxy voting may be used, but will not be required. All this is in the Response to Consultation.
ECHR Article 1/1
May 29th, 2025 by James Goudie KC in Human Rights and Public Sector Equality DutyIn MANCHESTER SHIP CANAL CO LTD v SoS (2025) EWCA Civ 676, a challenge by a canal owner to confirmation of a CPO, allowing the creation of a new pipe for the discharge into the canal of water and treated effluent, Males LJ reiterates, at para 95, that COMPENSATION for loss of property rights under Article 1/1 need not equate to common law damages, in this case damages payable in a claim for nuisance.
PLANNING AND ENVIRONMENT
May 29th, 2025 by James Goudie KC in Planning and EnvironmentalIn ROSS V SoS (“)”%) EWHC 1183 (Admin) an application to quash a decision to grant planning permission for a solar farm fails. The Court construes the NATIONAL POLICY STATEMENT FOR RENEWABLE ENERGY. In a rapidly changing field , the Policy does not purport to lay down detailed rules for all the potential ways or purposes for which renewal energy technology might apply.