Homes appeal hope

A long-running legal battle by a group of Derker residents over compulsory purchase orders made on their property by Oldham Council yesterday moved to London’s Court of Appeal.

The group, led by Gerald Mortell, who last December won only sympathy from judge Mr Justice Andrew Collins at the High Court, took their case to London’s Court of Appeal.

They hope to win a ruling quashing the order which they say breaches human rights.

In his High Court decision, Mr Justice Collins 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. However, he ruled that there were no errors which impugned the Government’s decision to uphold the order.

Now, Mr Mortell’s lawyers argue that the judge erred in principle in reaching that decision.

They say that the impact on residents was not properly considered by the Government inspector and Secretary of State who made the decision.

Fair

They argue that the Inspector and Secretary of State failed to consider whether displaced owner occupiers would, after demolition and rebuilding, be able to afford to buy accommodation in the area equivalent in size and tenure.

It is also claimed that Mr Mortell did not have a fair hearing because the 20-page written final submissions made by his counsel at the end of the hearing were not submitted to the Secretary of State and were neither accurately nor fully summarised in the Inspector’s Report .

The hearing is scheduled to last two days, after which the court is expected to reserve its decision in order to give it in writing at a later date.