2011 09 Housing

Saturday 1 October 2011

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Flynn v Basildon DC [2011] EWHC (QBD) (Kenneth Parker J): The claimant, a 72-year-old resident of Dale Farm lived in her mobile home on a plot that she owned but she had no planning permission to occupy the land. Basildon DC proposed an eviction to enforce the planning regime. The claimant contended that the decision infringed her human rights given the risk to her already poor health that displacement would entail. She brought a claim for breach of the Human Rights Act 1998 and sought an interim injunction to prevent the eviction. The injunction was refused but the court ordered a temporary stay for 7 days for Basildon DC to review the up to date medical evidence concerning the Claimant. An application for permission to appeal to the Court of Appeal was refused by the Court of Appeal. (No transcript available).

Egan v Basildon DC [2011] EWHC 2416 (QB) (Edwards-Stuart J): The claimant lives at Dale Farm. The challenge is to the proposed "clearance" of the unauthorised part of the site by the council's officers and bailiff's as this could involve work going beyond that provided by planning the planning enforcement notices. The Claimant sought an injunction to restrain the work until details were provided as to the exact procedures and works to be carriend. An interim injunction was granted pending provision of particulars of Basildon DC’s proposed acts in respect of each plot. The High Court was satisfied that the injunction should be continued until 4 October 2011 when the Court will try the issues as to whether the now particularised proposed work complies with the terms of the specific enforcement notices. There is also an application for judicial review. (click here for transcript).

Zambrano the UKBA response: The UKBA's has published interim proposals for applying the CJEU's judgment in Ruiz Zambrano (C34-09: see LB # 220) relating to 'carers' of British citizens, (click here for UKBA’s proposals).

The Localism Bill: The Localism Bill was at the 4th day of the report stage before the House of Lords on the 14 September 2011 to consider amendments to schedule 4 and clauses 16 to 19 of the Bill. The Bill will return to the report stage for the House of Lords to consider further amendments. For the most recent text of the Bill click here for Volume 1and Volume 2and for the most recent explanatory notes click here.

Housing benefit and supported housing. In July 2011 the Department of Work and Pensions announced proposed new arrangements for Housing Benefit in respect of accommodation with on-site support ( "exempt" accommodation). Click here for the consultation paper. Responses by 9 October 2011.

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