Powerrapid Limited
Harlow District Council (London Road North) Compulsory Purchase Order 2018
Successful defence to a compulsory purchase Order
The Inspector, acting as delegate of the Secretary of State, found in favour of our client, Powerrapid Limited, and decided not to confirm this Order.
Harlow DC, the Acquiring Authority represented by Guy Roots QC, argued that the Order was justified, and should be confirmed:
- To ensure that our client’s land was made available for the development of Harlow Science Park as soon as possible,
- To provide certainty regarding marketing the Science Park as a whole,
- Because of the failure to acquire our client’s land by negotiation.
Our client, Powerrapid, represented by Andrew Tait QC, argued inter alia that the Order had been made prematurely and that alternatives to compulsory purchase existed, including development of the land, consistent with the Council’s planning proposals, itself.
The Inspector held that a compelling case for development of the Order land in the short-term had not been made out by the Council. Whilst it had taken reasonable steps to acquire the land by means other than compulsory purchase, other options remained to be explored, and so compulsory purchase had yet to become the last resort.
The Inspector held that:
An alternative to compulsory acquisition existed since there is a reasonable prospect that the objector will develop the land itself for the purposes set out in the Order in response to occupier demand. In these circumstances, it would be premature to use CPO powers to acquire the Order land at this time.
Meet the team
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David Mundy
David is a parliamentary agent authorised to promote private bills in Parliament. He specialises in consents required for transport infrastructure schemes including hybrid bills and orders under the Transport and Works Act. He also advises on orders under the Harbours Act 1964 authorising port development. His work with environmental law issues includes environmental impact assessment relating to town and country planning, transport and other infrastructure authorisation. Other planning work encompasses compulsory acquisition and compensation.
David advises extensively on public law, regulatory, administrative and constitutional law including the lawful exercise of powers, freedom of information, data protection, human rights legislation, EU law and public procurement. He is known as a commentator on the constitutional and EU law issues resulting from the Brexit referendum including the European (Withdrawal) Act 2018. He also advises on devolution issues associated with Brexit. David advises on legislative procedures including Private Members’ Bills and has drafted, promoted and opposed all kinds of legislation and amendments to public legislation. He advises on parliamentary select committees including preparation of witnesses.
David’s public procurement practice includes advising public authorities as to their obligations under EU Directives and the Public Contracts Regulations in the public purchasing of works, goods and services. David also advises on State aid, competition, grants and loans and Brexit.
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Aaron Nelson
Aaron advises on public law matters, such as the powers and duties of statutory bodies, drafting legislation and amendments, as well as regulatory arrangements including State aid. He has also advised on issues such as human rights; parliamentary privilege; the preparation and publication of, and consultation on, sensitive reports; and reducing the risk of legal action/challenge.
He also advises those who wish to obtain or oppose consents for development, particularly major infrastructure and development projects, and has particular expertise in respect of compulsory purchase, highways, rights of way and open space issues, and the interface between developments and public utilities (NRSWA). This includes advising on and drafting subsidiary legislation (eg harbour orders, transport and works act orders, compulsory purchase orders) and preparing for and attending any associated public inquiry. He acts for public and private sector clients, including commercial bodies and individuals.
Aaron also advises various private clients in respect of rights of way, particularly applications for or objections to definitive map modification orders and public path (ie diversion) orders.
