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R (on the application of Powell and others) v SOS Communities and Local Government and another [electronic resource]

Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 2051 (Admin), 22 August 2007. Considers whether the compulsory purchase of land infringed homeowners' human rights. The applicant homeowners (P) applied to overrule a compulsory purchase order made by the respondent local authority. The Secretary of State appointed a public enquiry due to the number of objectors. P submitted that the Secretary of State's decision to uphold the compulsory purchase in accord with the findings of the enquiry was irrational as it ran contrary to her policy on affordable housing. P further submitted that there had been a breach of human rights as the inspector did not make his fact finding public. P also argued that the outcome of the enquiry was a foregone conclusion. "Held": It could not be said that the Secretary of State's decision was irrational due to the judgmental nature of housing policy. It was established by "R v SOS Environment ex p Holding and Barnes plc" (UKHL 23, 2003 2 AC 295, ABS64296) that the system of enquiries was fair. It was established the Human Rights protocols in question permitted interference with property and family rights. The enquiry had not been a foregone conclusion as the inspector had clearly considered all the objections. Application refused.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 140440-2001

[2007] EWHC 2051 (Admin), 22 August 2007. Considers whether the compulsory purchase of land infringed homeowners' human rights. The applicant homeowners (P) applied to overrule a compulsory purchase order made by the respondent local authority. The Secretary of State appointed a public enquiry due to the number of objectors. P submitted that the Secretary of State's decision to uphold the compulsory purchase in accord with the findings of the enquiry was irrational as it ran contrary to her policy on affordable housing. P further submitted that there had been a breach of human rights as the inspector did not make his fact finding public. P also argued that the outcome of the enquiry was a foregone conclusion. "Held": It could not be said that the Secretary of State's decision was irrational due to the judgmental nature of housing policy. It was established by "R v SOS Environment ex p Holding and Barnes plc" (UKHL 23, 2003 2 AC 295, ABS64296) that the system of enquiries was fair. It was established the Human Rights protocols in question permitted interference with property and family rights. The enquiry had not been a foregone conclusion as the inspector had clearly considered all the objections. Application refused.