Residents launch High Court battle to save homes from demolition

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Monday, August 11, 2008
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This is Staffordshire

CAMPAIGNERS determined to stop the council demolishing their

homes will mount a last-ditch legal battle in the High Court

today.

Stoke-on-Trent City Council wants to bulldoze 19 homes in

Eaton Street, Northwood, after a 2004 survey found the

buildings had serious structural problems.

Residents, who believe their houses are sound, took the

decision to take the fight to a public inquiry.

But a Government inspector sided with the council and

confirmed Compulsory Purchase Orders (CPOs) for the condemned

properties last year.

Now residents of the six homes still occupied are taking

their case to the High Court for the third time, on the grounds

that their human rights were infringed and the CPOs were issued

illegally.

The group's barrister, Robert Lewis, will argue that the

decision to make the CPOs should have been made by the Director

of Community and Adult Services.

However, the officer who actually signed off the orders, the

Director of Law and Probity, had no legal authorisation to do

so.

His report to the High Court judges states: "The purported

authorisation to him to make the CPO was misguided and

demonstrates the fundamental misunderstanding regarding the

powers of the officers, both individually and collectively,

that lay behind this matter at every stage."

The court will also hear that claims the council failed to

investigate how the evictions would affect families and an

alternative option to repair their homes was not properly

explored.

The report adds: "They had not investigated the extent to

which the CPO and consequent eviction from their homes would

affect the employment, education, medical treatment, family

support etc of the claimants and/or their families."

The city council declined to comment until after the

hearing.

Protesters believe they have an "extremely good case" and Mr

Lewis rates their chances of success at 75 per cent.

Campaign organiser Peter Haynes, chairman of the Northwood

Residents United group, said: "We have spent more than £40,000

on this four-year battle to stop residents being forced out of

their homes.

"We are very hopeful the decision will go our way and then

we will want answers from the council. If we win it shows the

council has broken the rules and certain officers should be

shown the door.

"We think the council has robbed this community and people

have suffered through them not carrying out their procedures

correctly.

"This could pave the way for people who have left the street

to bring legal action against the council."

The hearing is scheduled to finish tomorrow.

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2 Comments

  • Profile image for This is Staffordshire

    by William Dickson, Belfast

    Saturday, October 18 2008, 10:28PM

    “First, let me say it was great to see the Royal Irish. I am interested in the story about residents fighting to save their homes. I am a member of a residents association in Belfast, fighting to save our homes. I will add your web site to my favorites but if someone would keep me informed it would be great. With kind regards,
    Billy”

  • Profile image for This is Staffordshire

    by David, Stoke

    Monday, August 11 2008, 9:16AM

    “Bloomin Council again, can't get anything right, even make a pigs ear of kicking decent people out of their own homes.”

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