Greenwood v Secretary of State for Communities and Local Government & Anor [2011] EWHC 263 (Admin) (01 February 2011)

Greenwood v Secretary of State for Communities and Local Government & Anor [2011] EWHC 263 (Admin) (01 February 2011)

There was no legal or procedural error in the confirmation of the Compulsory Purchase Order; the Inspector had sufficient evidence to conclude the property did not meet the Decent Homes Standard; the acquisition was proportionate and in the public interest; compensation and alternative accommodation were available; no breach of human rights occurred.

Citation
[2011] EWHC 263 (Admin)
Parties
Claimant: Marilyn Rosemary Greenwood; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: Bristol City Council
Jurisdiction
England and Wales
Judgment Date
01 February 2011
Procedural Posture
Judicial Review (challenge to Compulsory Purchase Order) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Compulsory Purchase Orders, Judicial Review, Housing Law, Decent Homes Standard, Environmental Impact Assessment, Human Rights Act 1998, Compensation for Compulsory Acquisition
Administrative Law Property Law Human Rights Compulsory Purchase Orders Judicial Review Housing Law Decent Homes Standard Environmental Impact Assessment +2 more

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Parties

Marilyn Rosemary Greenwood

Claimant

Secretary of State for Communities and Local Government

1st Defendant

Bristol City Council

2nd Defendant

Procedural Posture

Judicial Review (challenge to Compulsory Purchase Order) / Final Judgment

Legal Issues

  1. 1 Whether the confirmation of the Compulsory Purchase Order was legally defective under section 23 of the Acquisition of Land Act 1981
  2. 2 Whether the property met the Decent Homes Standard
  3. 3 Whether the compulsory acquisition was disproportionate or discriminatory

Ratio Decidendi

There was no legal or procedural error in the confirmation of the Compulsory Purchase Order; the Inspector had sufficient evidence to conclude the property did not meet the Decent Homes Standard; the acquisition was proportionate and in the public interest; compensation and alternative accommodation were available; no breach of human rights occurred.

Court Disposition

Claim dismissed

Orders

  • Application under section 23 of the Acquisition of Land Act 1981 dismissed
  • Claimant to pay the first defendant's costs not to exceed £7,000