Case Study: Birmingham City Council CPO Defeated
Acting on behalf of residential owners of No 139 Grange Road, Erdington; Roger Hannah & Co have successfully objected to the Birmingham City Council THE BIRMINGHAM (SUTTON COLDFIELD, ERDINGTON, SPARKHILL, KINGS NORTON, HARBORNE, LADYWOOD, HANDSWORTH)(EMPTY PROPERTIES) PART II HOUSING ACT 1985 COMPULSORY PURCHASE ORDER (NO.10) 2014 resulting in the City Council conceding defeat by withdrawing the Order.
The Council had sought to portray the property as an empty house in need of refurbishment to justify using CPO powers to acquire the property. The reality was that the house was in a reasonable order and the owners were looking to redevelop the property by constructing a number of residential houses.
Roger Hannah & Co had to object to the CPO, enter into a prolonged dialogue with the Council, prove the property was in a reasonable order and arrange for the property to be let before the Council would back down and accept defeat.
Simon Cook, Director of Roger Hannah & Co said that ‘The case demonstrates that it is possible to take on powerful acquiring authorities and win. CPO’s should be used as a last resort with acquiring authorities properly communicating with affected parties. Unfortunately in this particular case neither took place.’