Skip to main content
CLOSE

Charities

Close

Corporate and Commercial

Close

Employment and Immigration

Close

Environmental, Social, and Corporate Governance

Close

Fraud and Investigations

Close

Individuals

Close

Litigation

Close

Planning and Infrastructure

Close

Public Law

Close

Real Estate

Close

Restructuring and Insolvency

Close

Energy

Close

Entrepreneurs

Close

Private Wealth

Close

Real Estate

Close

Tech and Innovation

Close

Transport

Close

David Mundy
Parliamentary Agent, Partner

Aaron Nelson
Legal Director

BDB Pitmans has successfully defended a client exposed to a compulsory purchase order which sought to acquire the company’s land for development of a Science Park in Harlow.

The Secretary of State, through his delegate Inspector, found in favour of our client, Powerrapid Limited and decided not to confirm the CPO on grounds of prematurity and alternative solutions.

Harlow District Council, the Acquiring Authority, made the CPO and sought its confirmation on the grounds that our client’s land was required for the development of Harlow Science Park as soon as possible. It would also provide certainty regarding marketing the Science Park as a whole. The Council and our client had been unable to reach agreement on a voluntary sale.

On Powerrapid’s behalf, Counsel Andrew Tait QC, argued that the Order had been made prematurely and that alternatives to compulsory purchase existed, including development of the land by Powerrapid itself, consistent with the Council’s planning proposals.

The Inspector held that a compelling case for development of the Order land in the short term had not been made. Whilst it had taken reasonable steps to acquire the land by means other than compulsory purchase, other options remained to be explored. Compulsory purchase had yet to become the last resort:

‘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.’

Latest articles

Our Offices

London
One Bartholomew Close
London
EC1A 7BL

Cambridge
20 Station Road
Cambridge
CB1 2JD

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

 

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

Follow us

  • Lexcel
  • CYBER ESSENTIALS PLUS

 

BDB Pitmans has launched Broadfield and is now part of the new transformative international law firm.

Should you need to confirm our bank details, please call +44 20 7092 6996.

© BDB Pitmans 2024. One Bartholomew Close, London EC1A 7BL - T +44 (0)345 222 9222

Our Services

Charities chevron
Corporate and Commercial chevron
Employment and Immigration chevron
Environmental, Social, and Corporate Governance chevron
Fraud and Investigations chevron
Individuals chevron
Litigation chevron
Planning and Infrastructure chevron
Public Law chevron
Real Estate chevron
Restructuring and Insolvency chevron

Sectors and Groups

Private Wealth chevron
Transport chevron