Affordable housing: the Mexican stand-off
McChlery, F.
Affordable housing: the Mexican stand-off - 2004 - Scottish Planning and Environmental Law (105) October 2004, 106-107(2) .
Discusses attempts in Scotland to provide affordable housing through the local plan and development control process. No advice has yet been received from the Scottish Executive on good practice in providing affordable housing through the planning system. The duties of local authorities as housing authority are derived from the Housing Acts 1987 and 1988 and the Housing (Scotland) Act 2001. None of the Housing Acts include powers to compel anyone to construct or provide any particular housing or type or tenure of housing. Nowhere in Scottish planning or housing legislation is the provision of housing for those in need made a function of the land use planning system, either directly or by inference. Concludes that using land use planning powers to meet problems intended to be addressed by the Housing Acts may be vulnerable to challenge.
LOCAL PLAN
DEVELOPMENT CONTROL
R V HILLINGDON LBC EX P ROYCO HOMES LTD
MOSS EMPIRES V GLASGOW ASSESSOR
CREDIT SUISSE AND OTHERS V WALTHAM FOREST LBC
PIGGINS AND RIX V MONTROSE PORT AUTHORITY
LAND USE PL:ANNING
SPP3
R V TOWER HAMLETS LBC EX P BARRATT HOMES LTD
WYCHAVON DC V WESTBURY HOMES (HOLDINGS) LTD
HOUSING ACT 1987
HOUSING ACT 1988
HOUSING (SCOTLAND) ACT 2001
SCOTLAND
Affordable housing: the Mexican stand-off - 2004 - Scottish Planning and Environmental Law (105) October 2004, 106-107(2) .
Discusses attempts in Scotland to provide affordable housing through the local plan and development control process. No advice has yet been received from the Scottish Executive on good practice in providing affordable housing through the planning system. The duties of local authorities as housing authority are derived from the Housing Acts 1987 and 1988 and the Housing (Scotland) Act 2001. None of the Housing Acts include powers to compel anyone to construct or provide any particular housing or type or tenure of housing. Nowhere in Scottish planning or housing legislation is the provision of housing for those in need made a function of the land use planning system, either directly or by inference. Concludes that using land use planning powers to meet problems intended to be addressed by the Housing Acts may be vulnerable to challenge.
LOCAL PLAN
DEVELOPMENT CONTROL
R V HILLINGDON LBC EX P ROYCO HOMES LTD
MOSS EMPIRES V GLASGOW ASSESSOR
CREDIT SUISSE AND OTHERS V WALTHAM FOREST LBC
PIGGINS AND RIX V MONTROSE PORT AUTHORITY
LAND USE PL:ANNING
SPP3
R V TOWER HAMLETS LBC EX P BARRATT HOMES LTD
WYCHAVON DC V WESTBURY HOMES (HOLDINGS) LTD
HOUSING ACT 1987
HOUSING ACT 1988
HOUSING (SCOTLAND) ACT 2001
SCOTLAND