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Aylesbury Estate CPO inquiry delayed
The fresh inquiry into a compulsory purchase order (CPO) on the Aylesbury Estate in Southwark has been delayed until April.
After the current process overran, Martin Whitehead, the government inspector leading the inquiry, was not available to continue immediately.
A spokesperson from Southwark Council said the process would resume on 17 April and last another two weeks.
The council is seeking the government’s permission to compulsorily purchase homes to finish its regeneration of the Aylesbury Estate after Sajid Javid refused permission for a previous CPO.
The current inquiry was scheduled to run from 9 January to 31 January, but has failed to finish proceedings in that timeframe.
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The dispute had three central issues.
First, Mr Javid had objected to what was known as “the £16,000 policy”. The council originally intended to require leaseholders to give up all but £16,000 of their savings if they wanted a new shared ownership or shared equity home.
This policy was changed, and the council argued that the secretary of state ought, therefore, to change his position.
The government, however, argued that the new policy still unfairly disadvantaged leaseholders by means-testing them if they sought assistance from the council, thereby affecting their savings in spite of the change in policy.
Second, the council claimed that Mr Javid had failed to consider the public sector equality duty. It argued that the secretary of state ignored possible adverse effects on ethnic groups as a result of not granting the CPO.
The government responded that it believed black and minority ethnic residents would be adversely affected by granting the CPO, and maintaining the status quo by refusing the order would not require another consideration of the equality duty.
Third, the council argued that as it had now acquired 90% of leasehold interests by agreement, it had made reasonable steps to acquire interests by agreement, a requirement before a CPO can be used.
The government argued that this was misleading because most of the homes acquired by agreement were occupied by tenants subject to different rehousing options to leaseholders.
Update: at 15.16 on 31.01.18 This story was updated when a Southwark Council spokesperson confirmed the inquiry would continue in April.
