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Challenge to compulsory purchase order associated with Shepherds Bush market

Horada v Secretary of State for Communities and Local Government [2015] EWHC 2512 (Admin)

Related Member(s):
Jessica Jones, David Wolfe QC
Related Practice Area(s):
Environmental Law and Natural Resources, Public Law

The claimant challenged the decision of the Secretary of State to confirm a compulsory purchase order associated with the Shepherds Bush Market Area. An inspector appointed pursuant to a public inquiry had recommended against confirming the order, given the lack of assurances that the diversity and vitality of traders would be protected and the widespread interference with private interests. However, the Secretary of State felt that there were sufficient safeguards and considered that a compelling public interest justified any interference with rights.

The claimant alleged that the Secretary of State had erred in law under the Acquisition of Land Act 1981, s 23, as he had misdirected himself that the s 106 agreement and the Sch 15 obligations were capable of adequately protecting traders and securing diversity.

The court held, however, that the Secretary of State had understood the situation in reaching his conclusion and was of the view that the order could achieve the desired objectives without having the certainty which the inspector felt was necessary. It was open to him to come to this conclusion.