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Policy Issues : Property and Land

Housing disputes

50. During the year the Law Commission continued its work on a project on resolving housing disputes, which we mentioned in our last Annual Report. In April 2006, just outside our reporting period, the Commission published an issues paper entitled "Housing: Proportionate Dispute Resolution", supported by a large quantity of background material. The paper is of great interest to us not only by reason of our supervisory role in relation to a number of tribunals concerned with housing matters but also because of our prospective role as an administrative justice council with oversight over the whole range of dispute resolution processes. We look forward to commenting further in our next report.

Property tribunals

51. The main tribunal system concerned with housing is the Residential Property Tribunal Service (RPTS). We continue to take a keen interest in this system, whose jurisdiction expands year by year. One of our members attends RPTS Management Board and National User Group meetings. In September 2005 we were pleased to welcome Siobhan McGrath and Michael Ross, respectively the Senior President and the Chief Executive of the RPTS, to one of our monthly meetings. The discussion covered a wide range of topics, including the 46% growth in total workload in 200405, largely as a result of increased public awareness of the Commonhold and Leasehold Reform Act 2002; the breadth of the jurisdictions, now amplified by several new jurisdictions under the Housing Act 2004; mediation and telephone hearings pilot studies in London; and the efforts made by the RPTS to promote public awareness of its work.

52. Valuation tribunals constitute another major system that deals with disputes about property. We mentioned last year that the Valuation Tribunal Service (VTS) had published a consultation paper making important proposals for changes to the present system of appeals and the organisation and administration of the tribunals in England. We responded to that consultation, expressing our general support for the proposals; we welcomed the emphasis on greater coherence, better partnership working and increased customer focus. The summary of the results of an independent survey of appellants who attended tribunal hearings in the first year of the VTS confirmed this and provided additional detail on where the priorities for improvement lay.

53. Following their consultation the VTS Board made recommendations to the responsible Minister. In October 2005 our Chairman, addressing the Valuation Tribunal Presidents' and Chairmen's Conference in Stratford Upon Avon, expressed our warm support for the following recommendations in particular: a single English valuation tribunal under a National President; the ending of local authority involvement in the appointment process for members; the appointment of chairmen and vice-presidents against a framework of skills and competencies; and appeals to be made direct to the VTS, rather than through the Valuation Office. We believe that the VTS is seeking to move in the right direction.

54. Our Chairman also addressed the agricultural land tribunals' national training event in York in November 2005. This is a system where the rules of procedure require updating to incorporate the modern case management powers that are now needed. Work on this has been resumed.

Planning matters

55. Through force of circumstances we have paid less attention to planning inquiries than in some previous years. We intend to remedy this in the months ahead. The past year did, however, see a development that we warmly welcome namely the Planning Inspectorate's electronic newsletter. The first two issues were full of interest and information, and we are sure that the newsletter will be a worthy successor to the Planning Inspectorate Journal and of great benefit to users.

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