Southwark to fight on after refusal of judicial review over CPO decision

Southwark Council is to pursue an oral hearing after a judge refused on the papers to grant permission for a judicial review of the Communities Secretary’s decision to turn down the compulsory purchase of eight remaining properties in the first phase of a key regeneration project.

Mr Justice Dove refused permission for the judicial review over the Aylesbury Estate case just before Christmas.

In September the Secretary of State, Sajid Javid, concluded that Southwark had not done enough to acquire the land by agreement. The minister also decided that the CPO would breach the human rights of the remaining leaseholders by forcing them to use their savings to buy a new property.

Cllr Mark Williams, Cabinet Member for Regeneration and New Homes at Southwark, said: “We are hugely disappointed with this decision, and will now pursue an oral hearing to reiterate our case for a judicial review. This is not a decision we take lightly, but our residents need new affordable homes, and the Secretary of State’s decision has huge ramifications for Southwark, and for councils across London that are trying to help tackle the housing crisis.

“On the Aylesbury alone, turning down our CPO means the Secretary of State is jeopardising plans for 800 new homes for Londoners, including hundreds at social rent as well as extra care homes for some of our most vulnerable residents. We can’t sit back and jeopardise this fantastic project, and that is why we have to challenge the decision.”

The council argues that the minister’s findings were based on a former leaseholder policy which the council had updated in December 2015 and shared with the Secretary of State. This new approach was not reflected in Javid’s decision, it adds.