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Challenging Compulsory Purchase Orders

Compulsory purchase powers are an essential tool for delivery of effective regeneration - Faiza Ahmad Associate at Hamlins LLP comments

Once a Compulsory Purchase Order (CPO) is authorised, a local authority can compulsorily acquire any land in their area if it will facilitate development, re-development or improvement on or in relation to the land. And the acquiring authority must not exercise that power unless it is likely to contribute to the promotion or improvement of the economic, social and environmental wellbeing of their area.

In a recent high profile case a CPO made in 2012 by Haringey Borough ('the Council') was challenged by a landowner. The Tottenham land subject to the CPO was needed by Tottenham Hotspur Football Club ('Spurs') to build its new stadium along with associated development supporting regeneration in the area.

The description of the CPO was "...for the purpose of facilitating the carrying out of development, redevelopment or improvement of the land comprising the demolition of existing buildings and comprehensive redevelopment to provide a new stadium and ancillary uses such as Club museum; shop and offices for the Tottenham Hotspur Foundation; residential; college and/or health centre and/or health club uses; and public realm improvements which will contribute to the achievement of the promotion or improvement of the economic, social or environmental well-being of the North Tottenham area."

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