High Court stops compulsory purchase by council of home in poor state of repair

Stevenage Borough Council is taking further legal advice after failing to convince the High Court that it should be able to compulsorily purchase a home described as in such poor condition as to be harmful to the locality.

The council wanted to force William Dennehy to sell after he failed to clean up a home described as in a “poor state of repair” and “far from functionally habitable” by a planning inspector.

But the High Court found a legal error by Stevenage, though it said the council could force Mr Dennehy to sell but must give due consideration to his severe depression.

The BBC reports that Mr Justice Holgate said: ”This is a case where there was an error of law, but it is not to say when it goes back the outcome will be different.

”Compulsory purchase is often used in a case like this, because homes are a valuable resource in our country, with its finite land supply.

"This property cannot be allowed to carry on in this way. Something has to be done about it. There is now an opportunity for [Mr Dennehy] to deal with it.”

A council statement said: “On behalf of local residents, we are disappointed with the decision and are seeking further legal advice to determine our next steps.”

Mark Smulian