HousingAnywhere’s Post

🛣 Stonehenge Tunnel back in court as pre-construction spend on scheme tops £166M🛣 National Highways’ #Stonehenge #tunnel scheme is back in court this week, as #reports emerge that £166M has already been spent on the scheme despite #mainwork not having commenced. The scheme to dual a 12.8km section of the A303 between Amesbury and Berwick Down in #Wiltshire and build a new 3.3km tunnel underneath Stonehenge Unesco World #Heritage site was granted a development consent order (#DCO) by the #government last summer. As reported by GE’s sister title NCE, the campaign Save #Stonehenge World Heritage Site (SSWHS) against the DCO decision was dismissed by the High Court in February. This seemed to be the last legal hurdle for the project, but the group appealed against this ruling. The campaigners argued that this dismissal was incorrect and the group was granted an appeal hearing, which started yesterday (15 July) and runs until tomorrow (17 July) at the Court of Appeal at the Royal Courts of Justice in London. The campaigners are hopeful that the change of government will see the new Labour regime cancel the scheme. This would “save us all a lot of time and money” and “spare our international blushes and rebuild this country’s reputation for looking after its heritage”, according to Stonehenge Alliance chair John Adams. Ahead of arriving at court yesterday afternoon, the Stonehenge Alliance, the group behind SSWHS, delivered a petition to the Department of Culture, Media and Sport and the Department for Transport (DfT), United Kingdom showing 240,000 signatories from 147 countries who oppose the scheme. It further argues: “If A303 widening at Stonehenge is felt to be essential it should be done by means of a deep bored tunnel at least 4.5km long. Anything shorter would cause irreparable damage to this landscape, in breach of the World Heritage Convention.” This last point is in accordance with #Unesco, which has long argued that the historic landscape – which is considered a crucial part of the overall World Heritage Site – would be better preserved by a longer tunnel that would not see any road exposed within the heritage site. National Highways and the DfT have continually dismissed this idea due to cost. Cost of scheme A freedom of information request submitted by the BBC to National Highways has revealed that £166.2M of public money has been spent on the scheme to the end of May, despite it not having broken ground on main construction. This includes £287,605 spent on legal fees defending the scheme. It has also spent £4.6M on hiring more than 100 archaeologists to start digging around the site last spring. This work has been halted due to the legal challenge. National Highways’ official cost for the scheme remains at £1.7bn, but this figure has not been updated for some years. https://lnkd.in/ewA_ApBD

💡 Urban Planning Reforms Approved for Brussels ✅ The Brussels Government has recently approved substantial reforms in the urban planning of the Brussels-Capital Region. These changes to the Brussels Code on Urban Planning (CoBAT) and social housing initiatives aim to address urban development challenges and housing shortages. 👇 Discover more about the upcoming reforms in the newsflash below, authored by our PwC Legal Belgium's lawyer Els Empereur (BE) and her team. #PwCLegal #PublicLaw #UrbanPlanning #Brussels #Sustainability

The Draft Bill for the Sustainable Management of the tourist use of housing in the Canary Islands establishes a ‘conflict’ between permanent residential housing and holiday homes. The concern is that the rise of holiday homes threatens the availability of permanent residences, leading to planning limits. However, the bill overlooks secondary residences—properties used for leisure or occasional rental, not intended as permanent homes.These secondary homes, owned by locals and foreigners alike, are an established part of the Canary Islands' real estate landscape. Ignoring them creates an incomplete picture of the housing situation. The bill needs to address secondary homes, as they don’t compete with the permanent housing market and thus shouldn't contribute to the conflict. Without considering this, the regulation may be weakened. We start from the premise that, if a second home has never been intended to serve as a permanent residence, it should not generate any conflict with residential housing and the right of access to decent housing, by not withdrawing from the market units that were intended to be a permanent residence. 🇬🇧🇪🇸🇫🇷 Read the full article on our blog ⬇️⬇️ https://lnkd.in/dAAqik5d

The Residential Tenancies Authority (RTA) has published new and updated forms for general tenancies and rooming accommodation. This follows amendments to the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) after the Queensland Government’s Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 (RTRAOLA Act) became law on 6 June 2024. While the new tenancy legislation has been made law, it’s important to remember that not all changes commence immediately. A number of reforms will commence on the date of assent, 6 June 2024. Other reforms will commence on the date of proclamation, on a date to be advised... Read the full article here: https://lnkd.in/gc_wgFcj #Strata #BodyCorporate #Laws #RTA #RentalLaws

Permitted development rights (PDR) have an important role to play in housing delivery and adaptation, including to meet decarbonisation challenges. The government in England has now launched another consultation on relaxations to existing PDR rules to benefit householders and developers. For householders, the new rules would allow larger and less constrained extensions on existing properties, for example increasing the maximum depth for single-story rear extensions on detached properties to five metres and all other properties to four metres, and removing the 50% curtilage limitation. Wrap-around extensions also would be allowed, to join side and rear extensions, and more flexibility in exterior finishes is being considered. The government is also proposing to relax current limitations on extensions to roof space and eave heights. In most cases, these relaxations will not apply on Article 2(3) land such as national parks, but the government is consulting on whether properties in these areas should benefit from more permissive rules on outbuildings more than 20 metres from the dwelling and the ability to create bike and bin stores in front gardens.

In the heart of Barcelona's Gothic Quarter, a revolution in housing rights is unfolding. Every Friday, the Sindicat de Llogateres i Llogaters (Tenants Union) gathers to inform, support, and empower tenants facing an increasingly challenging rental market. Their persistence has paid off. Catalunya has implemented new rent control legislation that's changing the game for 140 municipalities classified as 'stressed zones', covering 80% of the region's population, in which: - A price index limits rent for large landholders - A rent freeze prevents increases between tenancies But challenges remain. From enforcement gaps to loopholes, the fight for affordable housing continues. Read our latest article to discover how Catalunya's tenants are standing up for their right to stay in their homes and communities: https://bit.ly/4eQ0mnC #WereStaying #RentControl #HousingJustice

Revisiting MHADA's Role and Accountability: A Case Study of Shuklaji Street The recent Bombay High Court judgment concerning properties on Tardeo's Shuklaji Street has brought to light significant concerns about the Maharashtra Housing and Development Authority's (MHADA) processes and responsibilities. The court's ruling, delivered by Justice Gautam Patel and Kamal Khata, serves as a cautionary tale for public authorities tasked with urban development and property management. Due Process and Property Rights Justice Patel's remarks underscore a fundamental principle in property law: the right to redevelop rests with the property owner, provided the building is structurally sound. MHADA's apparent reliance on visual examinations without affording the property owners an opportunity to be heard represents a glaring procedural lapse. Such actions not only undermine property rights but also erode public trust in the institution's capabilities. Section 79A and Compulsory Redevelopment Section 79A of the MHADA Act, 1976, empowers the authority to mandate redevelopment for buildings deemed unsafe. However, this power is not absolute. The recent case highlights the necessity for MHADA to exercise this discretion judiciously, ensuring that due process is followed and property owners' rights are upheld. Cessed Buildings: A Point of Contention The classification of buildings as 'cessed' introduces another layer of complexity. Cessed buildings, maintained by the Mumbai Building Repair and Reconstruction Board of MHADA, are subject to specific regulations and obligations. However, disputes over the classification of buildings, such as the Gyasuddin Nagar Sultana building, further complicate the redevelopment process and raise questions about MHADA's regulatory oversight. The Imperative of Evidence-Based Assessments The court's scrutiny of MHADA's actions, particularly its reliance on visual assessments, emphasizes the need for rigorous, evidence-based evaluations. Visual inspections, while useful, should not serve as the sole basis for declaring buildings unsafe or mandating redevelopment. Collaborative efforts involving structural engineers, urban planners, and legal experts can ensure a more comprehensive and fair assessment process. Conclusion The Shuklaji Street case serves as a critical examination of MHADA's role and responsibilities in urban redevelopment. While the authority plays a vital role in ensuring housing safety and promoting urban development, its actions must be guided by principles of due process, transparency, and respect for property rights. As this case illustrates, deviations from these principles not only invite judicial intervention but also undermine the credibility and effectiveness of public institutions entrusted with shaping our urban landscape.

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Property owners in Jersey now have clarity regarding the use of their residential properties as short-term holiday lets. Following the introduction of the Planning and Building (General Development – Short-term Holiday Lets) (Jersey) Amendment Order 2024 (the "2024 Order") which comes in to force on 1 April 2024, properties may be used for the purpose of short-term holiday lets for up to 12 weeks in each calendar year. Our property team is happy to advise if you have any questions or concerns about the new legislation. Click the link below to find out more.  #Jersey #PropertyLaw #HolidayLets

Stonehenge Tunnel | Final legal battle starts as expenditure to date tops £160M The final legal appeal against the A303 #StonehengeTunnel enters court today, 15 July, as the expenditure on the project has been revealed as £166M despite main work not having commenced. National Highways’ controversial scheme to dual a 12.8km section of the A303 between Amesbury and Berwick Down in Wiltshire, including a 3.3km long tunnel across the world-famous #heritage site, was granted a development consent order (#DCO) by the #government last summer. The campaign Save Stonehenge World Heritage Site (#SSWHS) against the DCO decision was dismissed by the High Court in #February, which seemed to be the last legal hurdle for the project, but the group appealed against this ruling. The campaigners argued that this dismissal was incorrect and the group has been granted an appeal hearing which is taking place from today, 15 July, until Wednesday, 17 July, at the Court of Appeal at the Royal Courts of Justice in London. The campaigners are hopeful that the change of government will see the new The Labour Party regime cancel the scheme. This would “save us all a lot of time and money” and “spare our international blushes and rebuild this country’s reputation for looking after its heritage” according to Stonehenge Alliance chair John Adams. Ahead of arriving at court this afternoon, the Stonehenge Alliance, the group behind SSWHS, is delivering a petition to the Department of Culture, Media and Sport and the Department for Transport (DfT) showing 240,000 signatories from 147 countries who oppose the scheme. It further argues: “If A303 widening at Stonehenge is felt to be essential it should be done by means of a deep bored tunnel at least 4.5km long. Anything shorter would cause irreparable damage to this landscape, in breach of the World Heritage Convention.” This last point is in accordance with UNESCO, which has long argued that the historic landscape – which is considered a crucial part of the overall World Heritage Site – would be better preserved by a longer tunnel that would not see any road exposed within the heritage site. National Highways and the DfT have continually dismissed this idea due to cost. Unesco is meeting next week and has recommended that Stonehenge be added to its “World Heritage in Danger” list due to the threat of the A303 scheme as it stands. National Highways said it is “not able to comment on scheme specifics while the legal process is ongoing”. Cost of scheme A freedom of information request submitted by the BBC News to National Highways has revealed that £166.2M of public money has been spent on the scheme to the end of May, despite it not having broken ground on main construction. https://lnkd.in/erH8H8dy