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Aylesbury Estate CPO Public Inquiry - Order not confirmed

DATE: 21 Sep 2016

Six day public local inquiry. The Order, if confirmed, would have authorised the compulsory purchase of an area of land known in the Development Partnership Agreement as the First Development Site on the Aylesbury Estate in South East London. The Order was for the purpose of facilitating the carrying out of development, redevelopment and improvement on or in relation to the land, in particular, for the purpose of securing the regeneration of the Aylesbury Estate in accordance with the provisions of the Aylesbury Area Action Plan, including the demolition of the existing residential units and the provision of a mixed tenure residential development and associated landscaping.

The Inspector recommended that the Order should not be confirmed and the Secretary of State agreed with that recommendation. The Inspector held inter alia that the acquiring authority had not taken reasonable steps to acquire land interests by agreement; that the interference with the rights of leaseholders under Article 8 and Article 1 of the First Protocol to the European Convention on Human Rights was not justified and not proportionate and therefore the purposes for which the CPO was made did not sufficiently justify interfering with the human rights of lessees under section 12(2)A of the Acquisition of Land Act 1981.  

The Inspector concluded that the CPO would have significant negative impacts on protected groups were it to be confirmed, thus breaching the Public Sector Equality Duty under section 149 of the Equality Act 2010.

The Secretary of State agreed with the Inspector that a compelling case in the public interest for confirming the order had not been made

Christopher Jacobs acted for the successful objectors.