Campaigners applied for judicial review
In the Autumn of 2022, the disability campaigners applied for a judicial review on the basis that the Government’s refusal to implement PEEPs in high-rise buildings was unlawful. In December, the High Court heard that the Government had decided to reject the Inquiry recommendation for PEEPs before the consultation had ended and before it informed the public. It also transpired that the Government had no proposals to make legislative requirements for disabled people to be provided with PEEPs.
Earlier last month, The Honourable Mrs Justice Stacey (in the High Court) acknowledged the extreme disappointment the claimants faced, but held that the Government’s decision not to proceed with the implementation of PEEPs did not breach public law or procedural fairness: it was a decision the Minister was entitled to make.
Announcements from the Secretary of State
Just one week before the latest High Court ruling, the Secretary of State for Levelling Up, Housing and Communities, The RT Hon Michael Gove MP confirmed his intention:
"… to continue to work closely with the Home Secretary to make sure that we deliver on all [recommendations], particularly the recommendation to mandate personal emergency evacuation plans – PEEPs – for disabled residents."
(Hansard’s official report of Parliamentary debates: Volume 735, Column 974, debated on Thursday 6 July 2023).
In addition, earlier last week, the Secretary of State confirmed that the Government will impose a requirement for second staircases on all new buildings that are taller than 18 metres and provide clear guidelines for developers including transitional arrangements that will cover schemes that have already begun.
The move follows London mayor Sadiq Khan requiring all planning applications for new buildings above 30 metres in London to have second staircases before going to the Greater London Authority for final sign off. The measure was introduced in February, with immediate effect. It followed a Government consultation, launched in December, on requiring developers to include second staircases in blocks above 30 metres in height.
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