The property was mixed commercial and residential use. It was in poor repair, and the local authority resolved for its compulsory purchase. The company challenged the decision saying the wrong tests had been applied.
Held: The challenge was in effect to the inspector’s decision. S17 did authorise a resolution if there was mixed use, if the acquisition of the commercial parts was incidental to that of the residential parts. There was no basis for an ‘absolute necessity’ test. The test was whether the property was properly called a house.
Judges:
Owen J
Citations:
Times 02-Jun-2004, Gazette 03-Jun-2004
Statutes:
Housing Act 1985 17, Acquisition of Land Act 1981
Jurisdiction:
England and Wales
Housing
Updated: 12 April 2022; Ref: scu.198678
