Court of Appeal upholds rejection of CAAD appeal but rules Upper Tribunal did not have power to make costs order – Local Government Lawyer

Posted February 25th, 2021 in compulsory purchase, costs, local government, news, planning, tribunals by sally

‘The Upper Tribunal did not have the power to make a costs order in a dispute over a certificate of appropriate alternative development (CAAD), the Court of Appeal has found.’

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Local Government Lawyer, 25th February 2021


Compulsory Purchase in the time of Coronavirus – an update – 4-5 Gray’s Inn Square

Posted June 4th, 2020 in chambers articles, compulsory purchase, coronavirus, news by sally

‘The guidance is aimed at acquiring authorities. However, it is equally important for those on the other side to know the changing expectations. The most notable change is in respect of forthcoming Compulsory Purchase Orders (‘CPOs’). This article provides a summary of and commentary on the latest guidance.’

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4-5 Gray's Inn Square, 29th May 2020


Developer fails in claim that 135-home residential scheme was appropriate alternative development for compulsorily purchased site – Local Government Lawyer

Posted May 14th, 2020 in compulsory purchase, local government, news, planning by sally

‘A judge has rejected a developer’s claim that 135 homes would have been appropriate alternative development for a site compulsorily purchased for a bypass.’

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Local Government Lawyer, 14th May 2020


Court of Appeal Dismisses HS2 Compulsory Purchase Appeal – Francis Taylor Building

Posted February 6th, 2020 in compensation, compulsory purchase, news, railways, service by sally

‘The case concerned material detriment counter-notices under the Compulsory Purchase (Vesting Declarations) Act 1981 and the Compulsory Purchase Act 1965. Such counter-notices can be given where an acquiring authority is proposing to acquire compulsorily part only of a landowner’s land holding and the landowner wants the authority either to take the whole of his land or to withdraw completely from the proposed acquisition. Material detriment will arise where, when compared to the property as it previously existed, the retained portion of land is less useful or less valuable in some significant degree. Generally speaking, when it receives a counter-notice, the acquiring authority has the choice whether to withdraw from the acquisition, take the whole of the land, or contest whether material detriment arises.’

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Francis Taylor Building, 30th January 2020


Insufficient oversight and inadequate controls “allowed £2m fraud at joint venture” – Local Government Lawyer

Posted September 25th, 2018 in compulsory purchase, fraud, joint ventures, local government, news by sally

‘Insufficient oversight by Barnet Council together with inadequate controls allowed a former member of staff to commit a £2m fraud at a joint venture, a report by auditors Grant Thornton has said.’

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Local Government Lawyer, 24th September 2018


Tribunal rejects call for disclosure of legal advice on amusement park project – Local Government Lawyer

Posted November 23rd, 2017 in compulsory purchase, disclosure, local government, news, privilege, tribunals by sally

‘An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.’

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Local Government Lawyer, 22nd November 2017


Council to set up QC-led inquiry into controversial compulsory purchase order – Local Government Lawyer

Posted February 24th, 2017 in compulsory purchase, inquiries, news by sally

‘The full council at the London Borough of Lewisham has unanimously agreed to set up an independent inquiry led by a QC to examine matters relating to a controversial proposed compulsory purchase order.’

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Local Government Lawyer, 23rd February 2017


Digital Economy Bill: The New Electronic Code – Falcon Chambers

Posted November 10th, 2016 in agreements, bills, compulsory purchase, news, telecommunications by sally

‘The Electronic Communications Code is contained in the Telecommunications Act 1984 Schedule 2, as amended by Schedule 3 to the Communications Act 2003 (“the Existing Code”).’

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Falcon Chambers, September 2016


Local authorities’ statutory powers to override third party land rights will apply to a wider range of public schemes, says expert –

‘Local authorities and regeneration bodies can expect greater scrutiny to be placed on their decisions to override third party rights in land on public interest grounds under new UK planning laws that came into effect in the summer.’

Full story, 21st September 2016


The Court of Appeal uphold High Court’s decision to quash the London Wharf CPO –

Posted July 15th, 2016 in appeals, compulsory purchase, news, planning by tracey

‘The Court of Appeal has upheld the High Court’s decision to quash a compulsory purchase order (CPO) for the unused and vacant Orchard Wharf.’

Full story, 14th July 2016


Supreme Court rejects HRA over private tenancy – Law Society’s Gazette

Posted June 17th, 2016 in compulsory purchase, housing, human rights, news, Supreme Court by tracey

‘The Supreme Court has ruled that private tenants cannot rely on the right to a private and family life under the European Convention on Human Rights to challenge a mandatory possession order.’

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Law Society’s Gazette, 16th June 2016


Traders win Court of Appeal battle over Shepherd’s Bush Market regeneration – Local Government Lawyer

Posted March 22nd, 2016 in appeals, compulsory purchase, local government, markets, news, planning by sally

‘The Court of Appeal has upheld a challenge brought by traders against a High Court ruling that the decision by former Communities Secretary Eric Pickles to confirm a compulsory purchase order for Shepherd’s Bush Market was lawful.’

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Local Government Lawyer, 21st March 2016


Horada and others v Secretary of State for Communities and Local Government and others – WLR Daily

Horada and others v Secretary of State for Communities and Local Government and others: [2016] EWCA Civ 169

‘Pursuant to its power under section 226(1)(a) of the Town and Country Planning Act 1990, the local planning authority made a compulsory purchase order in respect of land which included a well known market. The claimant and the market traders’ association objected and a public inquiry was held. The planning inspector recommended that the order not be confirmed. The Secretary of State issued a decision confirming the order, ostensibly giving reasons for departing from the inspector’s recommendation. The judge dismissed the claimant’s challenge to the validity of the order under section 23 of the Acquisition of Land Act 1981. The claimant and the association appealed on the grounds that the reasons given by the Secretary of State for departing from the inspector’s recommendation were inadequate and/or inadequately expressed.’

WLR Daily, 18th March 2016


Planning, Environment and Property Newsletter – 39 Essex Chambers

Posted September 4th, 2015 in compulsory purchase, energy, environmental protection, housing, news, planning by sally

Planning, Environment and Property Newsletter (PDF)

39 Essex Chambers, July 2015


High Court dismisses landowners’ challenge to Tottenham Hotspur FC stadium CPO –

Posted February 24th, 2015 in compulsory purchase, local government, news, planning, public interest, sport by sally

‘The High Court has dismissed a challenge to the land acquisition order that will allow Tottenham Hotspur Football Club (THFC) to complete the redevelopment of the site of its north London stadium, according to reports.’

Full story, 23rd February 2015


Court of Appeal upholds CPO by council of site of famous amusement park – Local Government Lawyer

Posted October 9th, 2013 in appeals, compulsory purchase, inquiries, local government, news by sally

“A district council’s compulsory purchase of the site of a famous amusement park has today been upheld by the Court of Appeal.”

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Local Government Lawyer, 8th October 2013


Local authorities and fracking – Hardwicke Chambers

“To its supporters fracking is a revolutionary method of extracting gas and oil which will help drive down fuel prices in the UK, lower CO2 emissions and reduce the country’s dependence on foreign energy supplies. To its opponents it is a dangerous distraction from investment in renewable fuels, which can lead to the escape of carcinogenic chemicals into water supplies and which can cause minor earthquakes.”

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Hardwicke Chambers, 24th July 2013


CPO over unoccupied property can be made even when dwelling not ’empty’, says court –

“A local housing authority may make a compulsory purchase order (CPO) over an unoccupied house even where the house is not ’empty’ for the purposes of the empty dwellings management orders (EDMO) regime, a High Court judge has ruled.”

Full story, 22nd October 2012


Compulsory Purchase: Recent Decisions – Falcon Chambers

Posted November 14th, 2011 in compulsory purchase, news by sally

“This paper sets out those recent cases which may be of general assistance to practitioners, covering the period June 2010 – June 2011. The paper seeks to gather together all of the relevant recent judicial pronouncements on matters relating to Compulsory Purchase, and to flag up the most relevant Upper Tribunal (UT) decisions on the subject. The paper does not cover decisions which appear to turn entirely upon their own facts.”

Full story (PDF)

Falcon Chambers, November 2011


Compulsory purchase order threat to tackle problem of empty homes – The Guardian

Posted October 10th, 2011 in compulsory purchase, housing, news by sally

“A council with one of the biggest housing shortages in the country is threatening to use compulsory purchase orders against the owners of homes that have been left empty for six months or more.”

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The Guardian, 8th October 2011