Back
Legal

RE International (UK) Ltd v Secretary of State for Trade and Industry

Compulsory purchase order — Land needed for regeneration project — Claimant objecting — Order confirmed in respect of entire site — Whether objectives achievable without acquiring claimant’s land — Whether intelligible and adequate reasons for confirmation — Claim dismissed

The claimant owned land that was situated between Wembley town centre and the new Wembley stadium. The interested party, the London Development Agency (LDA) applied for a compulsory purchase order for an area that included the claimant’s land. The LDA intended a mixed-use development on the site, plus a new pedestrian access to the stadium, in accordance with local authority regeneration plans for the area. The CPO was subject to confirmation by the defendant secretary of state.

The claimant agreed that the CPO in respect of the pedestrian access was in the public interest. However, it objected to the CPO in so far as it affected the remainder of its land. An inquiry was held. The LDA argued, and the inspector agreed, that the pedestrian link had to be in place before the opening the new stadium in September 2005. The claimant argued that its own development plans, for which it had applied for planning permission, would achieve the necessary regeneration of the site. The inspector noted that the area was in urgent need of regeneration, and expressed doubts as to the claimant’s ability to achieve the LDA’s objectives within the requisite time-frame. He took the view that a single-ownership approach was necessary, and concluded that there was a compelling need to acquire the claimant’s entire site. The Secretary of State confirmed the CPO.

Start your free trial today

Your trusted daily source of commercial real estate news and analysis. Register now for unlimited digital access throughout April.

Including:

  • Breaking news, interviews and market updates
  • Expert legal commentary, market trends and case law
  • In-depth reports and expert analysis

Up next…