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http://www.planningresource.co.uk/bulletins/Planning-Resource-Daily-Bulletin/News/869206/Residents-lose-Pathfinder-challenge/?DCMP=EMC-DailyBulletin
Residents lose Pathfinder challenge Michael Donnelly, PlanningResource, 12 December 2008
A group of residents from Derker, Oldham have failed in a High Court bid to save their homes from demolition under the government's Pathfinder initiative.
The group had asked the judge to quash the Oldham (Derker Area Phase 1 Regeneration) Compulsory Purchase Order made by Oldham Metropolitan Borough Council and approved by the Government.
They claimed that the planning inspector who had backed the CPO had given a flawed decision and been biased in favour of the Council.
However, the judge today ruled: “I am satisfied that there are no errors which impugn the inspector’s conclusions or the decision of the Secretary of State based on them.”
He added that there was “no substance” to any of the allegations of bias and unfairness.
He continued: “It is clear that there must be a lot of sympathy for the claimant and indeed those others in a similar position who have been affected by this.
“They have all managed to buy their houses after a lifetime of work, for most of them are elderly. They face now the prospect of forcible removal from those homes and a difficulty in finding alternative accommodation at a price they can afford and they need to settle into a new environment having been removed from that in which they have lived for most of their lives.
“This problem of course is one which arises wherever thee is a decision which is not unlawful that an order such as this is required in the greater public interest.
“It is obvious in due course that the Council should and I hope will approach the matter on the basis that they will do all they can in compliance with he various statutory obligations to find alternative accommodation if possible, and certainly provide entirely adequate compensation for the loss of these homes.”