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Court of Appeal refuses permission to challenge Darwen Academy CPO

DATE: 06 Mar 2008

In Walker & Brian v. Secretary of State & Blackburn with Darwen BC, following an expedited oral hearing, the Court of Appeal refused permission to appeal from the judgment of Wilkie J. on 24.1.08 who dismissed the challenge to the Darwen Academy (No. 3) CPO. Keene LJ (with whom Pill LJ agreed) held that the “Elevate” Pathfinder was entitled to provide HMRI funds in accordance with Government guidance to revitalise the housing market to allow clearance even where the end use was not housing but a use which would be regenerative in its effects (i.e. a new academy school).

 

The CPO, taken with an earlier CPO, will allow the Academy to be constructed on a site close to Darwen town centre. The Academy is sponsored by the Rod Aldridge foundation and will specialise in entrepreneurship and sport.

John Litton represented the Secretary of State and David Elvin QC and Graeme Keen represented the Blackburn with Darwen Council.