RENTED PROPERTIES

October 28th, 2025 by James Goudie KC in Land, Goods and Services

The RENTERS RIGHTS ACT has become law. It gives local housing authorities (LHAs) significantly enhanced powers. These include to enter business and residential properties without a warrant, to demand documentary evidence of compliance, to impose civil penalties for new offences, and to take action against landlords who fail to register on the new private sector landlord database, or who market properties illegally. Part 4 of the Act relates to enforcement. Chapter 2 of Part 4 relates to enforcement authorities. It will be the duty of every LHA to enforce the “ landlord legislation “ in its area. Chapter 3 relates to investigatory powers, including to require information. The Secretary of State may issue or approve GUIDANCE for LHAs and the administrators of landlord redress schemes about cooperation between LHAs and persons exercising functions under such schemes.

 

BUSES

October 28th, 2025 by James Goudie KC in Environment, Highways and Leisure

The Bus Services (No 2) Act has become law. Amongst other matters, it tightens requirements for cancelling routes empowers Councils to identify services as socially necessary, and lifts the ban on Councils setting up their own bus companies.

 

MISFEASANCE

October 28th, 2025 by James Goudie KC in Judicial Control, Liability and Litigation

The law on liability for the tort of misfeasance in PUBLIC OFFICE is set out at paras 181-186 inc in WILKINSON v HMRC (2025) EWHC 2773 (KB).

 

HOMELESSNESS

October 28th, 2025 by James Goudie KC in Housing

LONDON BOROUGH OF ENFIELD v A  (2025) EWCA Civ 1355 concerns OUT OF BOROUGH PLACEMENTS. The Court of Appeal holds that a failure to give NOTIFICATION under Section 208 of the Housing Act 1996 within the statutory time limit does NOT affect the suitability of accommodation offered. It is the suitability of the offered accommodation that is the subject of any review . Any appeal must challenge the lawfulness of that decision. The duty under Section 208 is a “collateral duty”. Breach does not impugn the lawfulness of a review decision or the suitability of the offered accommodation. An appeal under Section 204 is limited to grounds that go to the legality of the review decision.

 

GREEN BELT

October 27th, 2025 by James Goudie KC in Planning and Environmental

The Greater Manchester Combined Authority (GMCA)is made up of the ten Greater Manchester Councils and the Mayor of Greater Manchester. The GMCA has submitted a Joint Development Document (the Plan or DPD) to the SoS for examination on behalf of 9 of the 10 Councils. The SoS appointed an Inspector to examine the Plan. The Inspector recommended adoption of the Plan. In SAVE GREATER MANCHESTER GREEN BELT LTD v Sos for HCLG and GMCA the Claimants, who opposed the development of housing on green belt land, applied for statutory review of the adoption .The Court addressed examination of DPDs (paras27-34), challenge to a DPD ( paras 35-43), policies in the NPPF in relation to Green Belt (paras 44-101), the Examination (paras 102-108), and the Inspector’s Report (paras 109-122). All 5 Grounds of challenge were dismissed : paras 10/11 and 123).

 

ECHR

October 27th, 2025 by James Goudie KC in Human Rights and Public Sector Equality Duty

See R (ARC Time Freehold Income Authorised Fund)v SoS for HCLG (2025) EWHC 2751 (Admin ) at paras 78-182 on the principles in relation to Article 1 of the First Protocol to the Convention.

 

ENVIRONMENTAL PERMIT

October 27th, 2025 by James Goudie KC in Planning and Environmental

The Government has announced changes to the Environmental Permitting System.

The Environmental Agency will be empowered to consider, following consultation, which activities should be exempt from requiring an Environmental Permit.

 

MONETARY RELIEF

October 23rd, 2025 by James Goudie KC in Judicial Control, Liability and Litigation

An award of COSTS is NOT intended to provide compensation for loss in the same way as awards of DAMAGES in tort or for breach of contract. In relation to TORT, the purpose of damages is to place the successful claimant, so far as money can achieve, in the position he or she would have been in if he or she had not been injured by the wrongful act. In cases of BREACH OF CONTRACT, the award of damages is aimed at putting the claimant in as good a position as he or she would have been in if the contract had been performed. In contrast to an award of damages, by which the Court is giving effect to a party’s legal right to reparation, an ORDER FOR COSTS is a DISCRETIONARY remedy ( with a statutory basis). The Court has regard to ALL THE CIRCUMSTANCES. It is NOT an attempt to restore a party to the position it would have been in if it had not had to litigate to assert its rights. A Costs Order is “very different” from an award of damages. The Court is not addressing loss. The award of costs is not an entitlement. There is an entitlement to reparation of loss. So stated in PROCESS & INDUSTRIAL DEVELOPMENTS LTD v FEDERAL REPUBLIC OF NIGERIA (2025) UKSC 36.

 

LARGE SCALE DEVELOPMENT OF LAND FOR RESIDENTIAL DEVELOPMENT AND ENVIRONMENTAL PROTECTION

October 23rd, 2025 by James Goudie KC in Planning and Environmental

In CG FRY & SON LTD v SoS for Housing, Communities and Local Government (2025) UKSC 35 the Supreme Court holds that where a development has a potential impact on a PROTECTED SITE under the CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2017 ( and the HABITATS DIRECTIVE as “assimilated law” and its strict “ precautionary approach”), an appropriate Environmental IMPACT ASSESSMENT under Regulation 63 can be carried out at the stage of a Decision (1) to give reserved matters approval or (2) to discharge conditions attached to such an approval where that would result in an authorisation for the project to proceed, BUT LPAs cannot at later stages of the planning process that had been approved in principle at the outline stage. Lord Sales also addressed RAMSAR SITES, designated under the RAMSAR CONVENTION and Section 57A of the WILDLIFE AND COUNTRYSIDE ACT 1981, and protected pursuant to the NPPF.

 

HOMELESSNESS

October 23rd, 2025 by James Goudie KC in Housing

In WANDSWORTH LBC v YOUNG (2025) EWCA Civ 1336 Newey LJ addressed a local authority’s NOTIFICATION OBLIGATIONS to its tenants after ending its MAIN HOUSING DUTY under Section 193, as amended, in Part VII of the Housing Act 1996.