In a judgment given today in the case of Sole v Secretary of State for Trade & Industry Sir Michael Harrison rejected a challenge to the London Development Agency (Lower Lea Valley, Olympic and Legacy) Compulsory Purchase Order 2005 ("the Order") made under s. 20(1) of the Regional Development Agencies Act 1998.
The Order was confirmed by the Secretary of State for Trade and Industry following an inquiry in 2006. The case involved an application under s. 23 of the Acquisition of Land Act 1981 brought by one of the residents of the Clays Lane Estate - the largest residential area within the Order Lands. The Clays Lane Estate is required for the construction of the Athletes Village. The Claimant unsuccessfully argued that the Secretary of State acted unlawfully in confirming the Order since the decision to confirm constituted a disproportionate and unlawful interference with the Claimant's rights under Article 8 of the European Convention on Human Rights.
The Claimants also unsuccessfully argued that the Inspector and Secretary of State had misdirected themselves as to the terms of a Grampian condition attached to planning permissions granted in 2004 for the Olympic and Legacy developments.
Nathalie Lieven QC represented the Claimant and Richard Drabble QC and James Maurici were counsel for the Secretary of State for Trade and Industry.
