A group of
Mr Justice Collins refused to quash a CPO, confirmed by the government in October 2007, which threatens 90 homes and 12 businesses in the Derker area of
The residents, who say that renovating their homes would be cheaper way of achieving the same aim, claimed they did not have a fair hearing at an inquiry into the CPO for the acquisition of 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 there was “no substance” in the objectors’ claims of unfairness.
“Having said that, I sympathise with the objectors. They clearly and understandably felt very strongly about what was happening to them. However hard 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 lead objector, won a high court battle to overturn a planning permission granted for a 19.8-acre residential development within the
