000			01949cad a22002055a 4500
001			L140448
008			070924e20070404xxk f v 000 0 eng d
035			_a(Sirsi) u140448
041	0		_aeng
245	0	0	_aMcCabe and others v SOS Communities and Local Government _h[electronic resource]
260			_c2007
520			_a[2007] EWHC 959 (Admin), 4 April 2007. Considers whether under-used urban land as described by the Leasehold Reform, Housing and Urban Development Act 1993 s159(2)(b), which was subject to compulsory acquisition for regeneration, had to be visited by an inspector to determine whether each part of the land fell within this section of the Act. The applicant retail tenants (M) challenged the compulsory purchase order brought by English Partnerships. M argued that Pascoe v First SOS ([2006] EWHC 2356 (Admin)) showed that land could not be taken if it did not fall entirely within one of the statutory descriptions for compulsory acquisition. These were 'under-use' and 'inefficient use'. "Held": The inspector was not required to determine which statutory definitions each part of the land was subject to. She had accepted that the land could be taken as a whole, as each part could not be redeveloped separately. The impression of neglect was some evidence of under-use or ineffective use. The inspector was entitled to this finding. Despite referring to some parts of land as being vacant, the Secretary of State was entitled to accept the inspector's decision. Application refused.
590			_aKA
650	2	4	_aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S159(2)(B)
650	2	4	_aPASCOE V FIRST SOS AND OTHERS
651		4	_aEngland and Wales _y1543-
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/Admin/2007/959.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c79276 _d79276