Milton Keynes pursues appeal over HMO ruling
Milton Keynes Council is to appeal a High Court ruling that a government consultation on changes to the planning rules for houses in multiple occupation (HMOs) was not unlawful.
In September 2010 Housing Minister Grant Shapps laid regulations:
- granting a new permitted development right enabling a change of use from a single dwelling house to use as a small HMO, and
- limiting the liability of local planning authorities to pay compensation in the event that they decided to make an Article 4 direction to remove the new permitted development right.
Milton Keynes Council and two other local authorities – Oxford and Newcastle – challenged the changes on the grounds of inadequate consultation.
But Sir Michael Harrison ruled that the short, informal consultation exercise on the changes run by the government – in which it only consulted representative bodies – was not so unfair as to be unreasonable.
The judge pointed to the fact that the option implemented by the minister was one of three options consulted on by the previous government in 2009.
A Milton Keynes spokesman said the council was “very disappointed” by the ruling and the court’s failure to quash the legislation introduced by the Minister.
“Our view remains that the government did not undertake a proper consultation exercise prior to bringing in these changes and this resulted in a lack understanding of the impacts,” he said. “In the circumstances we felt we have no choice other than to seek permission to appeal against the High Court’s decision and we are now waiting to see if permission will be granted.”
The spokesman said the grounds for appeal were that Milton Keynes believed Sir Michael Harrison was wrong concluding that the 2010 consultation was not unfair and/or unreasonable, and it also believed it was not given a full and meaningful opportunity to make representations.
He added: “Submission of the application has the support of Members who consider HMO development control to be a high priority issue.”
Philip Hoult
