Roger Hannah

Overturning a Compulsory Purchase Order

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 and 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 that 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.

     

Source: https://www.theguardian.com/cities/2016/sep/20/aylesbury-estate-ruling-future-regeneration-sajid-javid#img-4

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:

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

Objecting to a CPO is essential in protecting a claimant’s position and 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.

It’s crucial that you seek professional advice if a CPO is affecting you.  Roger Hannah can guide you through the CPO process and submit an objection on your behalf at the appropriate time.

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