Derker homes court defeat

Maureen Walsh

SHOCKED Derker residents have lost a court battle to save their homes — but have not given up the fight.

Oldham Council says it will send in the bulldozers to demolish vacant blocks of boarded-up properties to bolster plans for new homes and transform the area.

The group of residents, led by Gerald Mortell, failed to overturn a judge’s ruling at the London Appeal Court that the council, backed by the Government, can purchase and flatten their houses for regeneration.

Lord Justice Jeremy Sullivan, one of the country’s foremost planning judges, rejected all their grounds of appeal.

Maureen Walsh, chairman of Derker Action Group, said she was gobsmacked.

She added: “Our barrister said he will look down other avenues to see if there’s anything else possible to do.

“They think we will just trot off but we need more information. We will carry on as best we can.”

She said not all their houses have Compulsory Purchase Orders (CPOs) but the residents wanted to discuss matters with the council.

Mr Mortell said he was upset that his home would be demolished just for landscaping, adding: “It’s a good house and I’m proud of it.” Court costs were covered by legal aid.

The residents argued that the effect on individuals of having to leave their family home of generations, or a neighbourhood filled with friends and relatives, had not been taken into account.

But the judge ruled that the authorities had done enough.

He said: “The inspector accepted that the views of those objectors were entirely genuinely held, but he was not persuaded that they were well-founded.”

He ruled that their human rights had not been ignored and that the inspector fairly summarised their key arguments.

He urged the council to do all it can to find new homes for the residents.

Most residents involved in Oldham Housing Market Renewal (HMR) in Derker have moved with 430 households out of 468 voluntarily selling their homes to the council and another 18 currently negotiating.

Councillor John McCann, Cabinet member for community services and housing, said: “We welcome the court’s decision as this will allow us to progress with the much-needed regeneration of Derker.

“The very large majority of local residents are desperate to see the conclusion of demolition work and more building work to start on new homes in the area.

“We have an enormous amount of respect and sympathy for the handful of resident who have supported another appeal, but hope that we can now sit down together to discuss their individual circumstances and help them find new homes.

“There are properties available to buy or rent within Derker if they want to stay in the area and they will receive full market value along with compensation and a wide range of support to help them move.”

Councillor Jackie Stanton, a Derker resident, said: “The regeneration of Derker must now continue.

“I have huge sympathy for the last residents who don’t want to move but it t is vital that the court’s decision allows the regeneration to progress.”

Resident of five years, Peter Hibberd (59), of Harcourt Street, said: “It’s time to move forward. We need to see new houses. That won’t happen if there are more court cases. I hope this will be the end of it.”