A St Albans woman has failed in her renewed attempt to save her home of 20 years from compulsory purchase by the local council.
The Court of Appeal has refused to grant Mary-Jo Joyce permission to appeal against an earlier High Court ruling that the council were entitled to make a compulsory purchase order in respect of her home on the basis it was unfit for human habitation.
In October 2002, Maurice Kay J dismissed Joyce’s application to quash a government inspector’s decision backing St Albans City and District Council’s compulsory purchase order in respect of the property at 20 Marlborough Road, St Albans.
The High Court judge rejected claims by Joyce that the CPO breached her human rights. Backing that view and refusing her permission to appeal, Mummery LJ said that her challenge “had no real prospect of success.”
“I agree with the judgment of Maurice Kay J, and, in my view, the objection that Miss Joyce makes to the CPO was rightly rejected by him for the reasons that he gave,” he said.
“If the matter were allowed to go to the full court, it would have no real prospect of success”.
Joyce v Secretary of State for Transport, Local Government Court of Appeal (Mummery LJ) 17 March 2003.
References: PLS News 18/03/03
