Overturning a Compulsory Purchase Order

Date: 28th September 2016
Author: Angela Juszczyk
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      Source: https://www.theguardian.com/cities/2016/sep/20/aylesbury-estate-ruling-future-regeneration-sajid-javid#img-4

A Compulsory Purchase Order (CPO) being promoted by The London Borough of Southwark to regenerate the Aylesbury Estate has been rejected by the Secretary of State following a Public Inquiry.  The Estate which was constructed in the 1960s/1970s comprises 2,700 homes and has been the subject of regeneration plans for the last decade.  The intention of the CPO was to obtain powers which would facilitate the demolition of the existing residential units and the provision of a mixed tenure residential development with community uses, open space and infrastructure.

The Inspector presiding over the Public Inquiry acknowledged that the proposed scheme would contribute to the promotion and improvement of the economic wellbeing of the area and could generate some social benefits however ultimately he determined that a compelling case in the public interest for confirming the order had not been made.  This decision took into account the following key issues:

  • Affordability of new homes – many existing residents likely to be displaced from local area
  • Insufficient attempts made by the Council to acquire by negotiation
  • Impact on protected groups – elderly, school children, black & minority ethnic community
  • Design of development does not meet Council’s adopted standards
  • Public benefits do not outweigh the impact on leaseholders’ rights

Southwark Council intend to seek a judicial review over the CPO decision.

Objecting to a CPO is essential in protecting a claimant’s position, giving them status as statutory objectors.  This obliges the Secretary of State to fully examine the merits of the CPO which usually involves a Public Inquiry.  Often a formal objection is used as a tool to assist in negotiations however in some cases, as seen here at the Aylesbury Estate, they can successfully overturn a CPO. 

If you are affected by a CPO, it is important that you seek professional advice.  Roger Hannah & Co. can guide you through the CPO process and submit an objection on your behalf at the appropriate time.

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Simon Cook BSc (Hons) MRICS Director
Angela Juszczyk BA (Hons) MSc MRICS Director
Stephen Lashmar BA (Hons) MRICS Director