Government agrees to quashing of decision on Aylesbury Estate CPO
Author: Dan Murphy
Applies to: England and Wales
Sajid Javid's controversial decision last September to refuse to confirm the London Borough of Southwark's request for compulsory purchase powers on human rights grounds caused ripples to run through the CPO profession.
Javid ruled that Southwark's compulsory purchase order would breach the human rights of eight leaseholders on the Aylesbury Estate in Southwark, as it was likely to force them to either move away or face financial hardship.
The council brought a challenge to the decision and had serious concerns about the impact of the decision to block the CPO, saying it 'could signal the end of the regeneration of the estate and similar projects across London'. The plans for the regeneration of the Aylesbury Estate are critical to Southwark, providing for 3,500 new homes, 50 per cent of which would be affordable.
In a statement, the council confirmed that they have now been notified by the government that it would 'consent to judgement and ask the Court to quash his decision not to confirm the Compulsory Purchase Order for the remaining properties in Phase 1 of the regeneration'.
The decision should therefore now be quashed, however this isn't the end of the road for Southwark. Following the quashing, which still has to be signed off by the Court, the Secretary of State will arrange a new public inquiry on the CPO 'to be held as soon as practicable'.
This outcome will be welcomed by local authorities carrying out housing estate regeneration, with the redetermined decision likely to be closely followed by all in the profession.
This document is for informational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given.