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Conclusions
Disposal
I am very grateful to all Counsel for their very helpful written and oral submissions. In the light of my conclusions on the three grounds of challenge advanced by the Claimant, this claim must be dismissed.
- Heading
- Introduction
- Ground of challenge
- The inspector’s decision letter
- Legal and policy framework
- Ground 1 – Viability
- The CPO Guidance
- Funding and delivery arrangements – the Second Defendant’s case
- Funding and delivery arrangements – the Second Defendant’s evidence
- The March report
- Overview and scrutiny process
- The Claimant’s case on viability and funding
- The parties’ closing submissions
- The inspector’s conclusions
- Submissions
- Discussion
- Ground 2 – Reasonable efforts to acquire by agreement
- The CPO Guidance
- The factual background
- Revised draft agreement and uplift offer
- March 2023 discussions and correspondence
- The Claimant’s objection
- The Second Defendant’s response
- Evidence at the public inquiry
- Closing submissions
- The inspector’s decision
- Submissions
- Discussion
- Ground 3 – excessive use of compulsory purchase powers
- CPO Guidance
- The parties’ contentions
- The inspector’s decision
- Submissions
- Discussion
- Conclusions