Please assume that planning permission will be granted. The Planning officer is extremely enthusiatic about the proposal, which we have been discussing closely.
There is no longer a Head of Housing, so the person to make the decision will be the Council's Deputy Chief Executive for Legal and Governance.
Please assume that the Deputy Chief Executive for Legal and Governance is not minded to approve consent. Please also assume that, by their own admission, they have never been put in this position before, so are coming up with their answers as they go along.
We want to have the case law examples so that, when planning consent comes through, we can explain actual examples to the Deputy Chief Executive, and hopefully persuade them to give consent at that point.
I had another question that was uncannily similar to this but that concernedthe housing department which had devolved its function to an externalorganisation and it was the external organisation that was causing the problem.
Researching extensive case law is beyond the scope of this site.Barristers charge about £300 per hour for it was VAT as it is very specialisedand does take a considerable length of time. We do quote case door but is onethat springs readily to hand but what you were looking for here is somethingwhich is extremely specialised with regard to the interaction between theplanning department and the Housing head.
Based upon the fact that she will have given me, I cannot see howany refusal by the housing department could be anything other than unreasonableif the Planning department have approved it. If the head of legal andgovernance (who is very often a solicitor) decides not to approve this, he isgoing to have to come up with some pretty convincing reasons as to why.
If he doesn't, then he is going to face, I am sure, an applicationfrom you for judicial review of the decision.
If there had of legal and governance were asking me the question onhere I would tell them that based upon the fact you have given me, I cannot seeany reason to refuse this.
There is a legal argument that says that this is an impossibilitybecause the head of housing are no longer exists and therefore you do not haveto seek consent. The courts will not enforce an impossibility.
If it was meant to cover whoever took over as head of housing theagreement would have said that as indeed, many agreements do when they allowfor replacement statute, replacement charities, and general replacement bodieswhereby if a body inherit something or is supposed to do something or aparticular tax is payable the agreement is drafted to allow or any replacementtax, charity, body, or statute. I hope that makes sense.
In this case, it does not say The Head of Housing "or the Departmentor the person which has taken over that role". It is not a particularly strongargument that it is one that it is worth arguing over. After all who have theauthority to devolve the task to the Head of Legal and governance? Why didn'tthey devolve the task to your next door neighbour or to you or to the officecleaner? Under what authority did they give it to this person? However that isanother complete debate on its own.
Does that answer the question?
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