Work to houses — Direct labour force — Direction from Secretary of State for the Environment — Direction prohibiting construction — Borough proposing refurbishment — Replacement of roofs and windows — Whether maintenance or construction — Renewal held to be maintenance
On March 31 1988 the Secretary of State for the Environment issued a direction under section 17(5) of the Local Government, Planning and Land Act 1980. The effect of the direction was that as from April 1 1988 the respondent borough council had no power to undertake through their direct labour force work prescribed by section 10(2)(b) of the 1980 Act, namely “works of new construction” above certain limits of value. In February 1989 the respondents resolved to carry out certain works to two blocks of flats; the work included replacement of one flat roof with a pitched roof, replacement of another roof, replacement of windows with double-glazed units, renewal of handrails and provision of anti-condensation measures. The estimated expenditure was £955,000.
The Secretary of State applied by way of judicial review to challenge that decision, contending that it was ultra vires. The respondents submitted that the proposed work was “maintenance” and, by section 10(6) of the 1980 Act, “works of new construction”, which were prohibited by the direction, did not include “works of maintenance” within the meaning of the Local Authorities (Goods and Services) Act 1970.
