Lawyers hit back in Derker appeal

Lawyers for the Government have hit back in a High Court hearing in which a group of Derker residents are challenging a compulsory purchase order that threatens their homes.

Counsel for the Government John Litton said that, while he had “enormous empathy” for the plight of the Derker residents, their rights and interests had been fully taken into account by a planning inspector and the Secretary of State for Communities and Local Government, Hazel Blears.

He said: “The inspector correctly identified the principal important controversial issues at large between the parties and reflected in evidence presented on the claimant’s behalf.

“For her part, the secretary of state accepted the inspector’s conclusions and was satisfied that there was a compelling case in the public interest which justified acquisition of properties knowing full well that they were occupied.

“The alleged errors of law are manifestly without foundation.”

Mr Litton said that the inspector had reached the clear conclusion that compulsory purchase, demolition and rebuilding was required to meet the goals of improving the area.

He said that the inspector concluded that this purpose of the acquisition was consistent with national planning policy, the Oldham Metropolitan Unitary Development Plan and the Master Plan for Derker.

Mr Litton added: “The inspector concluded that there was low market demand in Derker which had resulted in house prices being lower than corresponding properties in the surrounding area. The inspector was satisfied that the schemes underlying the acquisition were financially viable and would be constructed.

“He accepted that beneficial changes were already taking place in Derker as a consequence of the council’s interventions and that this vindicated the actions taken by the council.

“He concluded that the consultation process had been fair and reasonable; the rise in property prices in the London Road area was attributable to the work already undertaken by the council to improve the area; comprehensive development would make a considerable impact on the image of Derker and that piecemeal improvement /refurbishment of existing houses would not achieve that aim; and new build houses permitted renewable energy features to be built into the structures to produce long-term environmental sustainability.

“The inspector plainly considered the claimant’s argument that improvement could be achieved by refurbishment instead of demolition and redevelopment but concluded that the extent of the refurbishment necessary would not achieve the same long term benefits to the housing market.

“As regards the net loss of houses, it was the council’s case that there was an oversupply of terrace housing which was not wanted and which had led to housing market weakness and failure in Oldham.”

The hearing continues.