CPO - Council Loses
Compulsory Purchase Order -"Under-used Or Ineffectively Used"Pascoe v First Secretary of State [2006] EWHC 2356 (Admin)
QBD
27 September 2006
Daily Law Notes Summary
When issuing a compulsory purchase order ("CPO") on "land which
is situated in an urban area and which is under-used or
ineffectively used", as described under s 159(2)(b) of the
Leasehold Reform, Housing and Urban Development Act 1993, the
inspector and the Secretary of State were required to consider
the land in question as a unified and coherent whole, and it was
not sufficient if the land was "predominately" under-used or
ineffectively used.
AND see Lawindexpro summary below
Local Government - Land
Pascoe -v- First Secretary of State and others
[2006] EWHC 2356 (Admin)
QBD
27 September 2006
The claimant challenged a compulsory purchase order made under
the 1993 Act on the grounds of underuse of properties in the
area. Held: The respondent's decision had been made on the basis
that there was underuse of a 'predominant number' of properties.
That phrase added an unlawful gloss to the statutory requirement
and watered the test down. The decision was therefore unlawful.
Leasehold Reform, Housing and Urban Development Act 1993 159(1)
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