Council sees off High Court challenge to compulsory purchase order

A High Court judge has rejected as “totally without merit” a legal challenge to a compulsory purchase order in favour of a council for a 20.6 hectare former hospital site.

Freemont (Denbigh) Limited, the owner of the former North Wales Hospital in Denbigh, had brought the proceedings against Denbighshire County Council by way of application under section 23 of the Acquisition of Land Act 1981.

The council’s planning committee had backed the CPO for the site in September 2013, after a failure by the owner to comply with a repairs notice. The order was granted in September 2015 after a public inquiry.

The claimant also sought by way of judicial review to challenge the decision by the Minister for Natural Resources in Wales to confirm three notices requiring it to pay the expenses of urgent works carried out by the council.

In Freemont (Denbigh) Ltd, R (on the application of) v The Welsh Ministers & Anor [2016] EWHC 482 Mr Justice Hickinbottom rejected both claims as “totally without merit”.

The council's plan is to transfer management of the site to the North Wales Building Preservation Trust. The Trust will then oversee restoration of the main buildings by progressing enabling development on the associated land, the profit from which will fund the restoration of the most important listed buildings and the demolition of a number of less important buildings, Denbighshire said.

Cllr David Smith, Cabinet Lead Member for Environment at Denbighshire, said: “We were not surprised that the CPO and the Section 55 Order was challenged, as our dealings with the owners have been extremely protracted and very frustrating.

“The Minister’s decision last year to award the CPO totally vindicated the great efforts made by the council and its partners to protect this important historic site for future generations.”

Cllr Smith added: “The council’s main consideration has always been about the preservation of the main historic building on site and we warned the owners time and time again that we would go down the compulsory purchase route, should we have no other option.

“The High Court’s ruling means that we are one step closer to handing over the site to the Trust. However, there are many issues to be resolved before the council can take ownership and for the council to pass the ownership on to the Trust. As such, work will not commence on site for some time.”