Transport Secretary wins Supreme Court appeal over determinations on certificates of appropriate alternative development -Local Government Lawyer

‘The Supreme Court has allowed an appeal by the Secretary of State for Transport over the way in which compensation is calculated for land compulsory purchased for Birmingham’s Curzon Street HS2 station.’

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Local Government Lawyer, 10th August 2023

Source: www.localgovernmentlawyer.co.uk

Compulsory purchase – lessons from recent refusals – Local Government Lawyer

Posted July 21st, 2023 in compulsory purchase, local government, news by tracey

‘Two recent compulsory purchase decisions have highlighted certain areas of risk to acquiring authorities, writes Matthew Tucker. These decisions particularly emphasise the importance of the process of negotiation and also indicate a heightened level of scrutiny of acquiring authorities’ conduct in this respect.’

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Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Council fails in appeal over costs award made after landowner succeeded with compulsory purchase objection – Local Government Lawyer

Posted March 23rd, 2023 in appeals, compulsory purchase, costs, local government, news, planning by tracey

‘Harlow District Council has lost on all grounds in an attempt at the High Court to overturn a costs award made against it in a dispute over compulsory purchase.’

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Local Government Lawyer, 23rd March 2023

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal issues ruling on acquisition of land subject to compulsory purchase where ownership unknown – Local Government Lawyer

‘Stockport Metropolitan Borough Council has secured an order from the Upper Tribunal (Lands Chamber) that it need not serve a notice to treat when engaged in the compulsory purchase of land from an unknown person, despite the Court Funds Office maintaining that it was.’

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Local Government Lawyer, 8th March 2023

Source: www.localgovernmentlawyer.co.uk

Compulsory purchase review to ensure laws are fit for future development projects – Law Commission

Posted February 13th, 2023 in compulsory purchase, Law Commission, local government, news by tracey

‘The Law Commission of England and Wales has announced that it will begin a review of the legislation governing compulsory purchase, in order to make the law simpler, consistent and more accessible.’

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Law Commission, 6th February 2022

Source: www.lawcom.gov.uk

Law Commission launches review of “fragmented and complex” compulsory purchase laws – Local Government Lawyer

‘The Law Commission has announced it will launch a review of the legislation governing compulsory purchase, with a view to making the law “simpler, consistent and more accessible”.’

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Local Government Lawyer, 7th February 2023

Source: www.localgovernmentlawyer.co.uk

Land Value Capture Via CPO – Local Government Lawyer

Posted June 27th, 2022 in bills, compensation, compulsory purchase, consultations, local government, news by tracey

‘Simon Ricketts examines the Government’s proposed reforms in relation to compensation following compulsory purchase.’

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Local Government Lawyer, 24th June 2022

Source: www.localgovernmentlawyer.co.uk

Owner persuades High Court to quash general vesting declaration made by city council over empty property – Local Government Lawyer

‘The High Court has quashed a general vesting declaration (GVD) made by Birmingham City Council because of what Mr Justice Holgate called “the unusual circumstances of this case.”’

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Local Government Lawyer, 24th June 2021

Source: www.localgovernmentlawyer.co.uk

HS2 dishonest over compensation claim, says report – BBC News

Posted May 27th, 2021 in compensation, complaints, compulsory purchase, news, ombudsmen, railways by tracey

‘The firm behind HS2 was “dishonest and misleading” in its handling of a compensation claim from a member of the public who had to sell their home to make way for the line, a report claims.’

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BBC News, 27th May 2021

Source: www.bbc.co.uk

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

Source: www.localgovernmentlawyer.co.uk

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

Source: www.4-5.co.uk

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

Source: www.localgovernmentlawyer.co.uk

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

Source: www.ftbchambers.co.uk

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

Source: www.localgovernmentlawyer.co.uk

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

Source: www.localgovernmentlawyer.co.uk

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

Source: www.localgovernmentlawyer.co.uk

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

Source: www.falcon-chambers.com

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

‘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.’

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OUT-LAW.com, 21st September 2016

Source: www.out-law.com

The Court of Appeal uphold High Court’s decision to quash the London Wharf CPO – OUT-LAW.com

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.’

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OUT-LAW.com, 14th July 2016

Source: www.out-law.com

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

Source: www.lawgazette.co.uk