Cases - R v Hillingdon London Borough Council, ex parte Royco Homes
Record details
- Name
- R v Hillingdon London Borough Council, ex parte Royco Homes
- Date
- [1974]
- Citation
- 2 AII ER 643
- Legislation
- Keywords
- Planning control - Rent Act 1977
- Summary
-
Royco Homes owned land which the London Borough of Hillingdon wished to acquire for municipal housing. Royco sought permission for residential development and, eventually, permission was granted subject to certain conditions. One of the conditions required the first occupiers to be people on the housing waiting list of the council. Another required the houses to be occupied, in the first ten years, by tenants under the protection of the Rent Act 1977.
The Court of Appeal held that these conditions were ultra vires. They were unreasonable in the sense in Hall & Co v Shoreham-by-Sea Urban District Council (1964), below, as they required a private developer to take on at his own expense a part of the statutory duty of the housing authority.