Property unfit for human habitation – compulsory purchase order (Case Comment)

Keywords

Housing;Human rights;Clearance orders; Compulsory purchase; Houses; Protection of property; Right to respect for private and family life

Abstract

Reports on the Administrative Court decision in R. (on the application of Baker) v First Secretary of State challenging a compulsory purchase order made in respect of a seriously fire damaged house in respect of which the local authority had previously served 11 notices on public health issues. Considers whether there were any real alternatives to the making of a compulsory purchase order, given that the house was no longer fit for human habitation and posed a risk to the safety of the occupant and her immediate neighbours. Discusses whether due account was taken of the relevant circulars and whether the compulsory purchase order was a proportionate response having balanced the claimant’s individual human rights against the public interest.

Citation

(2004, Jun.) Journal of Planning & Environment Law 729-741

Case Comment

Property unfit for human habitation – compulsory purchase order