Regional Housing Strategy wrangle serves up a right racket

Dec. 22, 2010 - PRLog -- In July, the Communities Secretary, Eric Pickles, tried to abolish the Regional Housing Strategies and replace them with a system of financial incentives to encourage local authorities to grant residential development applications. Yet rather than making things clearer government attempts at abolition seem to have merely caused confusion – for developers and local planning authorities alike.

For many developers, abolition would mean that months or even years of work on planning applications would be wasted and as a fresh application under any new rules for the same land might have less chance of success, the serving up of a legal challenge looked likely.

One developer, CALA Homes, challenged the Minister’s action in the High Court in November, saying the Minister had no power to abolish the existing rules in this way. The Judge agreed with CALA Homes, saying the rules could not just be changed by the Minister without the approval of Parliament.

Yet this has not been the end of the matter, which has seen a good few more dramatic and sometimes downright baffling twists and turns. The High Court also declared that local planning departments should not take into account the government’s attempted abolition of these regional strategies. The Communities Secretary hit back by writing to every local planning department warning them that, when considering planning applications, they must treat the government’s intention to scrap regional housing strategies as a ‘significant consideration.’

This volley was once again challenged in the courts and the letter from Mr Pickles to planning departments was “stayed”. The government then challenged the stay and it was lifted, on condition the government put a warning on its website, saying the letter to the planners ‘is subject to legal challenge and might have to be disregarded if the challenge is successful’! CALA’s latest challenge is likely to be lobbed into court in January, with still no early end to this legal rally in sight.

“Developers and planners both stand to be baffled and bemused by this legal tennis match,” said Anthony Ogley, property partner at Oxley and Coward Solicitors LLP in Rotherham. “If the planners ignore the minister’s letter they my be in trouble for disregarding government policy but if they follow the government’s recommendations and refuse a planning application, they may lay themselves open to appeal and more costs at a time when money is in such short supply.”

“As for the developers, it creates another headache at a time when the housing market is still in the doldrums,” added Anthony.

If the CALA action is successful developers will probably have a window of twelve months to get planning applications in under the current regime. By the end of that period, the government’s Localism Bill will have made its way through Parliament and it will be game, set and match to the government when the new rules are in place.

Oxley and Coward Solicitors LLP can provide expertise in this field and any enquiries should be made to Anthony’s team on 01709 510999 or by e-mail to property@oxcow.co.uk . Alternatively, visit Oxley and Coward Solicitors LLP’s website at www.oxcow.co.uk

ENDS

Photograph and caption
Anthony Ogley, property partner at Oxley & Coward Solicitors LLP in Rotherham.                                                                                                                

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Ref: OXCOW103 – Regional Housing Strategies

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