[2024] UKUT 00146 (LC)

This appeal concerns the site that was formerly 117 and 119-121 High Street, Stratford, London, E15 2QQ (‘the reference land’). It was owned by the appellant, Mr Mohammed Bashir, until it was compulsorily acquired by the acquiring authority and respondent to this appeal, the London Borough of Newham (‘Newham’), under the London Borough of Newham (Sugar House Lane, Stratford) Compulsory Purchase Order 2014 (‘the CPO’). The CPO formed part of a wider acquisition of properties in the Sugar House Lane area to facilitate a significant mixed-use development known as Strand East.

Newham published the relevant notification of the CPO on 19 November 2014 (‘the Launch Date’). A General Vesting Declaration was made on 10 October 2016. The vesting date, and therefore the valuation date for the purposes of assessing compensation, was 14 November 2016.

A separate reference to the Tribunal (LC-2022-517) concerning the compensation to be paid to Mr Bashir has been stayed, in part pending the outcome of this appeal. To help inform the level of that compensation, on 11 October 2022 Mr Bashir made an application to Newham for a Certificate of Appropriate Alternative Development (‘CAAD’) under s.17 of the Land Compensation Act 1961. The Local Planning Authority is, now, the London Legacy Development Corporation (‘LLDC’), but the statutory instrument under which LLDC was formed did not give it the power under s.17 to issue CAADs - that remained with Newham.

Newham determined the application by way of a ‘nil’ certificate dated 20 February 2023 (‘Newham’s certificate’). This decision concerns Mr Bashir’s appeal against that certificate.

We heard the appeal at the Royal Courts of Justice on 6 - 9 and 12 February 2024. The appellant was represented by James Pereira KC and Mark O’Brien O’Reilly, the respondent by Neil Cameron KC and Nick Grant. Expert evidence was given on behalf of the appellant and respondent respectively by Mr Nick Bridgland and Dr Chris Miele on heritage and townscape, by Mr Ben Kelway and Mr Martin Robeson on town planning, and by Mr Wayne Head and Mr Neil Deely on design. We are grateful to them all.

On the afternoon of 9 February 2024, we carried out an unaccompanied site visit of the reference land and the surrounding area.