Atlantic Housing Ltd v Secretary of State for Communities and Local Government and anor (Record no. 80530)

MARC details
000 -LEADER
fixed length control field 02064cad a22002055a 4500
001 - CONTROL NUMBER
control field L144644
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 080804e20080515xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u144644
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Atlantic Housing Ltd v Secretary of State for Communities and Local Government and anor
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWHC 1373 (Admin) 15 may 2008. Relevant to surveyors as case brought up issues of planning appeals; development under Section 8 of the Housing Act 1988 (requiring residents to leave their homes) and the rights of residents under this act. Claimant was owner of estate offering affordable accommodation to the elderly and wished to redevelop it in sections, turning bungalows into flats. Secretary of state had been presented with a report by charity Help the Aged saying that the consultation held by the claimant prior to development had been flawed as it had not been dealt with in a sensitive manner and that the human rights of the tenants may have been breached. Planning permission had been refused by an inspector considering these issues. Held: claim was allowed. The planning inspector had erred in his approach to proportionality when considering the Article 8 rights of the residents. Proportionality should have dealt with the planning permission, while matters of eviction would have been handled by the courts. As the inspector had initially found the development proposal to be neccessary and legitimate, he should only have considered this and the means by which it was carried out. His mistake had prejudiced the claimant and the case will be reconsidered.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ATLANTIC HOUSING LTD V SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT AND ANOR
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING ACT 1990 S288
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Admin/2008/1373.html">https://www.bailii.org/ew/cases/EWHC/Admin/2008/1373.html</a>
Public note View the case free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 04/08/2008   ONLINE PUBLICATION 144644-1001 06/08/2019 1 06/08/2019 Law report