Homes battle ends in defeat

Judge can offer only sympathy to protesters

A GROUP of Derker residents have failed in a London High Court fight to save their homes.

The group, led by Gerald Mortell, won only sympathy from judge Mr Justice Andrew Collins, who urged Oldham Council to do all it can to find new homes for the residents, most of whom are elderly, after their properties are demolished to make way for regeneration.

Mr Mortell had asked the judge to quash the Oldham (Derker Area Phase 1 Regeneration) compulsory purchase order made by the council and approved by the Government.

He claimed that the planning inspector who had backed the CPO had given a flawed decision and been biased towards the council.

However, the judge ruled on Friday: “I am satisfied that there are no errors.”

He added that there was “no substance” to any of the allegations of bias.

He continued: “It is clear that there must be a lot of sympathy for the claimant and indeed those others in a similar position who have been affected by this.

“They have all managed to buy their houses after a lifetime of work, for most of them are elderly.

“They face now the prospect of forcible removal from those homes and a difficulty in finding alternative accommodation at a price they can afford.

“The council should, and I hope will, do all they can to find alternative accommodation if possible, and certainly provide entirely adequate compensation.”

Cabinet member for regeneration, Councillor Mohib Uddin, said: “We fully recognise the concerns of the residents and we will continue to offer them direct support..

“We will be meeting with the small number of remaining residents to discuss all the available options.”

Councillor Dave Hibbert, added: “This is the right decision for Derker’s future. Hopefully we can now all move forward together.”