Belfields Ltd v Nextdom (Bootle) Ltd & Anor, Court of Appeal - Administrative Court, December 21, 2007, [2007] EWHC 3040 (Admin)
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Belfields Ltd v Nextdom (Bootle) Ltd & Anor, Court of Appeal - Administrative Court, December 21, 2007, [2007] EWHC 3040 (Admin)
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Neutral Citation [2007] EWHC 3040 (Admin)Case No:CO/6406/2007IN THE HIGH COURT OF JUSTICEQUEENS BENCH DIVISIONADMINISTRATIVE COURTRoyal Courts of JusticeStrand, London, WC2A 2LLDate: 21 December 2007Before:Mr GEORGE BARTLETT QC (sitting as a Deputy High Court Judge)- - - - - - - - - - - - - - - - - - - - -Between :- - - - - - - - - - - - - - - - - - - - -(Transcript of the Handed Down Judgment ofWordWave International LimitedA Merrill Communications Company190 Fleet Street, London EC4A 2AGTel No: 020 7404 1400, Fax No: 020 7831 8838Official Shorthand Writers to the Court)- - - - - - - - - - - - - - - - - - - - -John Barrett instructed by Glassbrooks Ltd for the First ClamantJohn Hunter instructed by Planning and Law Limited for the Second ClaimantThe Third Claimant in person by videolinkPaul Brown instructed by Treasury Solicitor for the First DefendantFrances Patterson QC instructed by Eversheds LLP for the Second DefendantHearing date: 28-29 November 2007- - - - - - - - - - - - - - - - - - - -JudgmentMr George Bartlett QC: Introduction1. On 30 May 2007 the first defendant, the Secretary of State for Communities and Local Government, confirmed with one small modification a compulsory purchase order made by the second respondents, Sefton Borough Council. The CPO, the Sefton Metropolitan Borough Council (Klonsdyke and Hawthorne Road) Compulsory Purchase Order 2005, was made under section 226(1) of the Town and Country Planning Act 1990 and related to 10.2 hectares of land consisting principally of disused industrial land and terraced housing in Bootle. An inspector held a public inquiry into objections to the CPO between July and November 2006. Three of the owners of land in the CPO who were among the objectors now apply under section 23 of the Acquisition of Land Act 1981 to quash the CPO as it affects their ownerships.2. The CPO lands are part of a mixed commercial and residential area about 1 mile to the north of Bootle town centre and 6½ miles to the north of the centre of Liverpool. They lie on the east and west sides of Hawthorne Road. The area to the west of Hawthorne Road is bounded on its west side by the Leeds and Liverpool Canal and consists for the most part of cleared industrial sites. One of these, the Tannery site, is owned by the claimant Nextdom (Bootle) Ltd. Also within the area to the west of Hawthorne Road is the Mel Inn, a purpose-built club building. To the east of Hawthorne Road is a former industrial site, 2.2 ha in area, known as the Penpoll Estate. It is owned by the claimant Belfields Ltd. Immediately to the south of this is the area of terraced housing known as the Klondyke Estate. Within this area are two shop premises at 115 Monfor Road and 55 Humphrey Street that are owned and occupied by the third claimant, Mr Powell. Mr Powell lives in the rooms above the shop at 115 Menfor Road.3. At the inquiry the cases advanced by Belfields and Nextdom were similar. They each accepted the need for the council's redevelopment proposals, but they contended that there was no need for the council to acquire their lands, which, they said, they could redevelop themselves. Mr Powell's case, advanced on his behalf...See the full content of this document
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