Pinto v Welwyn Hatfield BC (2022) UKUT 47 (LC) concerned the penalty imposed by a local housing authority for managing or being in control of a house in multiple occupation without a licence. The Upper Tribunal says that the term “sufficient evidence”, in paragraph 2(1) of Schedule 13A to the Housing Act 2004, read together with Section 249A, means evidence which is sufficient to prove the commission of the offence to the criminal standard, that is beyond reasonable doubt.
Was the Council in R (Finch) v Surrey County Council (2022) EWCA Civ 187 required to include in an EIA for a project of crude oil extraction for commercial purposes, an assessment of the impact of greenhouse gas emissions resulting from the eventual use of the refined products of that oil as fuel? No, say the majority of the Court of Appeal. Likely environmental effects do not extend beyond environmental effects, both direct and indirect, of the proposed development itself, to include anything which might follow as a consequence of planning permission being granted and implemented for that development.
When may a local housing authority in England refuse to entertain a second homelessness application which purports to be a fresh application? That was the question in Minolta v Cambridge City Council (2022) EWCA Civ 159. Answer: only when the new application is identical to the previous application, that is based on exactly the same facts, disregarding only fanciful allegations and trivial facts.
The authority’s enquiry falls into two stages. Stage One: is it, on the above basis, an application at all? Stage 2: If so, is the application well founded? At Stage 2, if it is reached, there is no short cut for the authority. It must carry out the enquiries referred to in Section 184 of the Housing Act 1996.
In R (TV Harrison CIC) v Leeds City Council (2022) EWHC 130 (Admin) the claimant community interest company challenged the decision of the City Council to refuse to include the claimant’s Land in the list of Land in its area that is of community value that is maintained under Section 87(1) of the Localism Act 2011. The Land is described as a longstanding sports field and has recently been restored. However, the City Council seeks to proceed with a housing development. “Land of community value” is defined by Section 88 of the Act. Section 88(1)(b) is concerned with future use.
In Mullaley v Martlet Homes Ltd (2022) EWCA Civ 32 a claimant was permitted to amend its claim out of time under CPR r.17.4 so as to include an allegation that the defendant’s use of combustible cladding material for tower block refurbishment breached a design and build contract. In considering whether such a new cause of action arose from “the same facts or substantially the same facts” as those which the defendant had put in issue in its defence, some limited flexibility is allowed for a claimant to rely on new facts or matters beyond those pleaded in the defence in order to allow for expansion, elaboration or
In R (TP) v SoS (2022) EWHC 123 Admin) the Court reiterates the relevant legal principles on discrimination under Article 14 of the ECHR from paragraph 98 as follows.
In Wiltshire Council v SoS (2022) EWHC 36 ( Admin ) the Court reiterates the legal principles to be applied by a Court when a decision of a Planning Inspector or other specialist decision-maker is challenged on the basis of alleged misinterpretation of policy.
R (ZLL) v SoS (2022) EWHC 85 (Admin) concerns rough sleepers and the covid pandemic. The claimant alleged a breach of public law duty by adopting an unpublished position in non- conformity with previously published policy. In relation to this ground, Fordham J stated some relevant basic legal points including the following :-
There has to be certainty as to when and how liability for the CIL will arise. A chargeable development ceases to be eligible for social housing relief if, before it is commenced, a commencement notice is not submitted to the local authority. So held in R (Heronslea) v SoS (2022) EWHC 96 (Admin). Also held that liability to pay the levy arises upon the commencement of the chargeable development.
The topics considered, in the context of a public health crisis, by O’Farrell J. in a 519 paragraph Judgment in R (Good Law Project) v SoS for Health and Social Care (2022) EWHC 46 (TCC) include principles in relation to (1) confidentiality and open justice, (2) equal treatment and transparency, and (3) irrationality.