Human Rights and Compulsory Purchase Orders


Book Description

The text focuses on the compatibility of CPOs with the human rights of residents, tenants, homeowners or other parties with proprietary interests in the land. It suggests proposals for reform and analyses the nexus between CPOS and the impact on residents' human rights. By assessing the underlying practical policies, practices and decisions. Such as consultation, internal processes, viability reports, environmental or equality matters, planning permission juxtaposed with the adverse impact on residents and settled communities. The book also challenges the fairness of the compensation of CPO affected residents, in light of the cumulative injurious effects in many areas of their lives. With emphasis on acquisitions by, inter alia, local authorities or public bodies, which inevitably attaches the jurisdiction of the ECHR and HRA 1998. It concludes with examination as to whether the associated legal remedies are practically or meaningfully enforceable with suggested proposals for reform.




Compulsory Purchase and Compensation


Book Description

Compulsory Purchase and Compensation remains the essential guide to this complex and increasingly relevant area of the law. Now in its 12th edition, no other book presents the same level of information on the law relating to compulsory purchase and compensation in England and Wales in such an accessible way. The book is also especially suited to those coming to this complex subject without a specific background in the law and is ideal reading for those students taking planning and built environment modules. Surveyors in particular will find this book invaluable. Whilst this new edition picks up the very many decisions of the Upper Tribunal and the higher courts since the 11th edition, the principal piece of new legislation is the Levelling-up and Regeneration Act 2023. One of the controversial provisions in the 2023 Act is the power to include in a compulsory purchase order a direction, the effect of which is that in relation to certain limited purposes, compensation shall be assessed on the basis that no planning permission would be granted for development on the relevant land; in effect, no hope value and only existing use values would be paid.




Human Rights Law


Book Description

This textbook comprehensively examines and analyses the interpretation and application of the United Kingdom's Human Rights Act 1998. The third edition has been fully updated to include the last seven years of case law. Part I covers key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights, as interpreted and applied by United Kingdom courts, are examined in detail. All of the key Convention rights are discussed including: the right to life; freedom from torture and inhuman or degrading treatment or punishment; the right to liberty; fair trial; the rights to private life, family life and home; freedom of religion and belief; freedom of expression; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The third edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.




The Law of Compulsory Purchase


Book Description

Setting out the practice, procedure, policy and compensation provisions applying to a compulsory purchase, this new edition is updated to include all relevant case law, legislation, policy and guidance since the third edition, including: - the Upper Tribunal (Lands Chamber) Practice Directions, October 2020 - the implementation of the Neighbourhood Planning Act 2017 - changes in secondary legislation (including the Tribunal procedure rules) - changes in policy and guidance (especially the guidance for Wales and the Tribunal practice directions) It enables you to: -find clear statements of the law and practice on all points that relate to compulsory purchase and compensation -understand the detailed analysis necessary to grapple with tricky points encountered in practice -access cross-references to legislation, key case law and guidance, easily As it simplifies what can be simplified and explains with clarity any difficult areas, it is the one guide you need to help you access and assimilate all the statutes, of varying antiquity and judicial decisions, that relate to compulsory purchase and compensation. It describes the law, practice, procedure, policy and compensation for a compulsory purchase, and provides a summarised statement of the law, complete with footnotes to enable you to access further information. It also includes a full explanation of the scope of powers to acquire land compulsorily and the exercise of the powers and principles of compensation. This title is included in Bloomsbury Professional's Local Government Law online service.




Encyclopedia of Compulsory Purchase and Compensation


Book Description

Sweet & Maxwell's annual White Book Service can be customized to meet the civil procedural needs of all civil litigators - whatever their area of practice and whichever the court. Readers can choose the service options which best meet their exact requirements, in print, on CD-ROM or online




Housing Regeneration


Book Description

Written from an ‘in house’ perspective in response to the UK Government Housing White Paper released in February 2017, Housing Regeneration: A Plan for Implementation presents sustainable solutions to Britain’s housing crisis and will be a useful practical guide for anyone involved in the process of regeneration. Taking as its starting point an idea for a housing regeneration scheme, it provides an overview of each of the issues to be considered and the options for addressing them. In clear and concise language, it explains the issues and work involved in a regeneration scheme, answering questions such as who is involved, how is it paid for, what options are available and, importantly, what are the risks. It will appeal to lawyers, councillors, town planners, surveyors, chief officers, finance officers, procurement officers, project managers and students, amongst others.




Compulsory Purchase and Compensation in Ireland: Law and Practice


Book Description

Compulsory Purchase and Compensation in Ireland comprises a comprehensive inventory of compulsory purchase powers by various State and semi-State bodies in Ireland, together with a detailed and practical analysis of the law of compensation in respect of compulsory purchase. Divided into two highly practical sections, this 2nd edition key title provides the busy practitioner with a comprehensive guide to the complex subject of compulsory purchase and compensation. Drawing on a wealth of learning and experience, the author will unravel the intricacies of the present law and practice, and clearly present the advice and guidance legal practitioners working in this area will require. Part one deals with the voluminous statute law governing compulsory purchase powers and procedures. Part two covers the equally important topic of assessment of compensation. A must-have book for all practitioners specialising in property and land law.




Olympic Housing


Book Description

One of the distinguishing characteristics of London's bid to host the games was its commitment to legacy where it was argued that ’the legacy would lead to the regeneration of an entire community for the direct benefit of everyone who lives there’. This book adopts a critical approach to the concept of 'legacy' focussing specifically on housing. It argues there will be a range of both intended and unintended legacy outcomes and an urgent need for revised strategies if those original objectives are to be achieved. The concept of legacy is explored in a number of ways, including an overview of housing legacy in other host cities; the experiences and perspectives of those residents decanted to make way for the Olympic Park; a critical review of legacy plans; a detailed analysis of the conversion of the Athletes’ Village into housing; and a case study of the emerging area ’Stratford High Street’, which explores issues of social class change and the limitation of planning policies. Whilst taking housing as its focus, this book adopts a sociological perspective by exploring the likelihood of social class change in order to draw conclusions about 'gentrification', 'social polarisation' and the extent to which 'social inclusion' is reflected in housing legacies.




The Law of Compulsory Purchase and Compensation


Book Description

This book is a statement of the current law of compulsory purchase of land and compensation for that purchase. It covers all major aspects of the procedure for the compulsory acquisition of land and deals in full detail with all aspects of the law of compensation for such an acquisition. The many and diverse statutory provisions are organised into a series of chapters containing all principles and rules and there is a full analysis and explanation of the leading authorities on the subject and the principles derived from those authorities without which the subject cannot be understood. The aim of the book is, not only to explain the statutory provisions and to organise the various possible claims for compensation into different heads, but also to explain and analyse the substantial body of case law which has built up, particularly in recent years, and the relationship between that body of law and the underlying statutory provisions. The book also attempts to explain the purpose of the statutory provisions and the reason for the rules that are derived from the authorities. Chapters of the book are devoted to the procedure for formulating and pursuing a claim for compensation and to the valuation principles which must be applied in advancing claims. An Appendix is provided by Mr Nicholas Eden FRICS, a leading valuer in the field, which contains examples of different types of compensation valuation with annotations as to how the valuations are prepared and built up. A further aim of the book is to provide, where possible, practical advice to public authorities and landowners involved in the process of compulsory purchase and compensation as well as to explain the legal principles.




Modern Studies in Property Law - Volume 7


Book Description

This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.