AC-2024-LON-001877 - [2025] EWHC 2132 (Admin)

This is an application by the Claimant under section 23 of the Acquisition of Land Act 1981 ["the 1981 Act"] challenging the validity of a compulsory purchase order made by the Second Defendant and confirmed by the First Defendant under the powers conferred by section 226(1)(a) of the Town and Country Planning Act 1990 [“the 1990 Act”].

The London Borough of Newham (James Riley Point) Compulsory Purchase Order 2023 [“the Order”] was made by the Second Defendant on 4 July 2023. The Order authorises the compulsory purchase of the land described in the schedule to the Order [“the Order land”] for the stated purpose of facilitating the carrying out of a comprehensive scheme of development, redevelopment and improvement of James Riley Point, Carpenters Road, London E15 to deliver high quality refurbished homes, a community centre and improved public realm [“the Scheme”]. The Order states that the Scheme will contribute to achieving the promotion or improvement of the economic, social and environmental well-being of the area. Planning permission to carry out the development comprised in the Scheme was granted on 13 April 2023.

James Riley Point [“JRP”] is a 23-storey residential tower block situated on the Carpenters Estate. JRP contains 132 flats. The Second Defendant is the freehold owner of JRP. The Claimant is the leasehold owner of Flat 128 [“the Premises”], a three bedroomed flat on the 21^st floor of JRP. The Claimant has occupied the Premises with her family since 1994. Initially she did so as tenant of the Second Defendant. On 10 June 2002, the Claimant acquired her leasehold interest in the Premises pursuant to the Second Defendant’s right-to-buy scheme. The Claimant and her family occupied the Premises as their home until April 2022. I shall return later to the family’s living arrangements since April 2022.

By early July 2023 when the Second Defendant made the Order, the Claimant was the sole remaining leaseholder in possession at JRP. Other leasehold owners had entered into agreements to give vacant possession to the Second Defendant. All the Second Defendant’s tenants had vacated their flats. None of the flats were in actual occupation.

The Claimant and other members of her family objected to the making of the Order. In accordance with the procedure for confirmation of a compulsory purchase which is subject to remaining objections under Part 2 of the 1981 Act, the First Defendant appointed an inspector to hold a public local inquiry. The inspector held the inquiry over three days between 20 – 22 February 2024. He heard evidence from witnesses called on behalf of the Second Defendant as acquiring authority, and from the Claimant and other witnesses in support of her and her family’s remaining objections to the Order.

On 23 April 2024, the inspector issued his written decision. He confirmed the Order without modification. Notice of confirmation of the Order was first published on 15 May 2024. This claim was issued on 4 June 2024.