Out-Law News 1 min. read
23 Feb 2015, 4:15 pm
Haringey Council made a compulsory purchase order (CPO) in July 2012 to enable the acquisition of land for the final phases of THFC's plans to replace its White Hart Lane Stadium with a new 56,250-seat stadium, 200 homes, a hotel, shops and a public square. Communities secretary Eric Pickles confirmed the CPO in July 2014, stating that there was "a compelling case in the public interest to justify sufficiently the interference with the human rights of those with an interest in the land affected".
Affected landowners Archway Sheet Metal Works Limited and the Josif family challenged Pickles' decision and hearings took place in the High Court last week. A statement from THFC on Friday said High Court judge Mr Justice Dove had "rejected [the] challenge to the CPO on all grounds".
According to a report in the Estates Gazette, the concluded "there was no legal flaw in the process that led to the [communities secretary's] conclusion that there was a compelling case of public interest for this order to be made".
Mr Justice Dove disagreed with the landowners' assertion that Pickles ought to have been made aware of discussions between the Council and THFC over potential changes to the scheme, the report said. The judge considered that the discussions were "inevitably part of sensible project management" and that the ideas were at an early stage, lacking the "certainty or clarity" to influence the communities secretary's decision.
Mr Justice Dove refused permission for the landowners to appeal his decision. However, the landowners have the right to request permission to appeal directly from the Court of Appeal within 21 days of the judgment.