Councils Lose Judicial Review of HMO Planning Policy

After their day in Court on 30 March, Milton Keynes, Oxford and Newcastle Councils have lost the battle to overturn Grant Shapps’ decision which allowed the creation of new HMOs without the need for planning permission last year.

The councils argued the Government had not properly consulted on the changes before implementing them last October. However, Judge Sir Michael Harrison, sitting in the High Court rejected their arguments, concluding “the consultation exercise was not so unfair as to be unlawful”.

Given that all three local authorities responded to the consultation last year, as did the NLA, this Judicial Review certainly has an air of grievance about it – that the Councils did not get what they wanted rather than a legitimate objection.

It is unfortunate that, while public sector budgets are so tight, so taxpayer’s money has been used to bring about this Judicial Review. Particularly as the net result would most likely have been a more thorough consultation process before bringing in the regulations again – at even greater cost.

Despite the outcome of their legal crusade, it is worth noting that these three councils are spending yet more taxpayers money creating Article 4 Directions to limit the spread of shared housing – and in the case of Milton Keynes, an immediate Direction which could also require them to pay compensation, rather than give proper notice.

They argue that had the challenge succeeded the law change would have reduced crime, anti-social behaviour and traffic problems. Yet at NLA meetings in all three areas, Council officials have never been able to explain how a change in local planning policy effecting landlords is going to reduce the anti-social behaviour of tenants.

Click Here to view the Judgment