A group of
Collins J refused to quash a compulsory purchase order (CPO), which threatens 90 homes and 12 businesses in the Derker area of
The residents, who contend that renovating their homes would be cheaper and would maintain a larger stock of affordable housing, claimed that they did not have a fair hearing at an inquiry into the CPO, which was aimed at acquiring land for new, eco-friendly homes in the Derker Housing Market Renewal area.
Robert McCracken QC, representing the residents, also criticised the inspector’s finding that there was low market demand for homes in the area, which formed part of his justification for backing the CPO.
Dismissing the challenge Collins J held that there was no error of law in the inspector’s findings and the objectors’ claims of unfairness has no substance.
“Having said that, I sympathise with the objectors. They clearly and understandably felt very strongly about what was happening to them. However hard though the inspector may have tried, a perceived absence of sympathy with them in his clashes with Mr McCracken led to a view that he had exhibited hostility. That view was no doubt confirmed by his decision,” he concluded.
The challenge comes eight months after Gerald Mortell, the main objector, won a High Court dispute to overturn a planning permission granted for a 19.8-acre residential development within the
Mortell v Secretary of State for Communities and Local Government and another
Robert McCracken QC (instructed by Public Interest Lawyers, of
