The CPO will allow the mixed use redevelopment of Elephant & Castle town centre – which is already underway – to be carried out in full and completed.  The scheme includes almost 1,000 new homes, an upgraded tube station, a new campus for UAL’s London College of Communication, restaurants, shops, workspace, leisure and cultural facilities, including a new 500-person cultural venue, and much new public realm.

The Inspector concluded that there was a need to regenerate Elephant & Castle and that the scheme accorded with development plan policy and the NPPF.  She described the scheme as “a pivotal opportunity for the transformation of the area” which would “deliver significant public benefits” and “make a significant contribution to achieving the promotion and improvement of the economic, social and environmental well-being of the area”.  The Inspector concluded that the scheme was in a “robust position” in terms of viability and funding.  

The Inspector also concluded that there had been extensive engagement with those affected by the CPO and that there had been a “fair and transparent approach to engagement and negotiation”.  She described the approach to mitigation of impacts on those affected as “flexible and innovative”.  The Inspector concluded in relation to the Latin American businesses affected by the CPO that everything had been done that could be done to minimise impacts on them and that they would be re-accommodated within the scheme on a more secure basis than currently.  The CPO allowed the Corsica Studios music venue to be re-accommodated as part of the scheme.  The Inspector recognised that extensive work had been undertaken to allow this and concluded that there would be a beneficial impact from keeping the grassroots music venue in the area.

Overall, the Inspector concluded that, due to the mitigation and accommodation proposed as part of the scheme, the overall effect on occupiers would be positive, so that there was “no overall adverse impact on human rights, including Article 1 of the First Protocol”.  

The new MHCLG Guidance on the Compulsory Purchase Process was published only shortly before the inquiry.  The Inspector concluded that “in terms of fairness the new guidance cannot be applied to the steps taken before it was published”, but also concluded that the requirements of the new guidance had been met because “the steps taken by the AA in preparing and submitting this Order were exemplary”.  

Richard Honey KC advised the acquiring authority and the developer in the preparation of the CPO and appeared at the inquiry, instructed by Richard Adams of Jones Day and Katharine Reed of Southwark LBC.