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Aylesbury Estate: CPO Confirmed by the Secretary of State

Melissa Murphy
Caroline Daly

The Secretary of State for Housing, Communities & Local Government has confirmed the London Borough of Southwark (Aylesbury Estate Site 1B-1C) Compulsory Purchase Order. In doing so, the Secretary of State accepted the recommendation of the appointed Inspector who held a four-week inquiry earlier this year.

The inquiry involved a full re-hearing of the merits of confirming the Council’s CPO. The re-hearing arose as a consequence of the Secretary of State’s decision not to confirm the Order in September 2016, which was subsequently quashed following the Council’s judicial review of that decision.

In the Decision Letter, the Secretary of State concluded that the wellbeing of the area would “clearly benefit” from the confirmation of the CPO and completion of this phase of the Aylesbury Estate’s multi-phase regeneration.

With regard to efforts to negotiate, the Secretary of State made reference to the Estate Regeneration National Strategy and its policy expectations in relation to the rehousing of leaseholders, and concluded that the Council had taken reasonable steps to acquire all the necessary land interests by agreement, noting that agreement had been reached in respect of the acquisition of all but one leasehold property.

In discharging the Public Sector Equality Duty, the Secretary of State referred to the range of rehousing options, including local options, that the Council had made available, and the extensive engagement that it had undertaken with residents throughout the process. The Secretary of State concluded that the mitigation measures put in place by the Council demonstrated that any negative impacts on those with protected characteristics had been adequately addressed and that reasonable steps had been taken to meet protected groups’ needs and mitigate residual disadvantage suffered, which would advance equality of opportunity and minimise discriminatory impact. 

For more information or for copies of the Inspector’s Report and Decision Letter, please contact FTB's clerks.

Melissa Murphy and Caroline Daly represented the London Borough of Southwark, instructed by the Director of Law and Democracy.