Council compulsory purchase order rejected for Gorse Ride

A PLAN to compulsory purchase homes in Gorse Ride has stalled after the order was rejected.

Last month, a planning inspector denied the borough council’s application made in February for a Compulsory Purchase Order (CPO) at the site.

It is planning to extensively redevelop the Finchampstead neighbourhood, creating 249 homes.

But two families living in Billing Avenue and Dart Close objected to the purchase order.

Both are home-owners and live in two of the 38 homes in the Gorse Ride South estate that were sold under ‘right-to-buy’ legislation.

By May, the borough council had re-acquired 20 homes by voluntary agreement with the owners, and terms had been agreed on a further five. This left 13 homes that had yet to be purchased.

The planning inspector, Mr Felgate, said in his report that the purchase infringes the human rights of the owners to the peaceful enjoyment of their possessions.

He said it would also interfere with the occupiers’ rights to respect for their private and family life, and that Compulsory Purchase Orders should only be made as a “last resort”.

In the report, Mr Felgate said the objectors felt that homes had been “well-maintained and are in good order”.

He said: “The objectors believe these properties to be physically sound, and no reason is seen as to why they should not last for at least 40 or 50 more years. In the objectors’ view, their homes do not have unduly high running costs or maintenance issues, and it is said that the homes have been rated good for energy efficiency.”

One of the families replaced their original roof covering with new tiles to improve the building’s “thermal performance”.

Mr Felgate added: “Although much of the estate now has a rundown appearance, this is seen as largely a result of neglect by the council.”

He said that in recent years, home-owners had been deterred from investing in maintenance, due to the “blight” caused by the redevelopment proposals.

Mr Felgate said that the two objectors disputed whether the Gorse Ride redevelopment scheme benefits “would be as great as claimed.”

On inspecting the site, Mr Felgate said that there was a lack of evidence from both the council and objectors.

He added: “There is no evidence of widespread public support. At best, it is considered that the benefits are over-stated.

“Reliance is placed on the alleged support of the majority of residents on the estate, and if this were substantiated I consider that this could potentially carry some weight. But yet again no documented evidence has been produced.”

He added: “There is no actual documentary evidence as to their energy efficiency or running costs. Nor are there any surveyors’ reports to confirm the properties’ structural soundness, or the feasibility of making any necessary improvements. However, neither is there any clear evidence on these matters from the council.”

Mr Felgate explained that a “compelling case” for a compulsory purchase order has to be made by the borough council, when a homeowner stands to lose their home, and human rights infringed.

He accepted that the confirmation of the purchase order would facilitate the complete demolition and redevelopment of the estate.

Mr Felgate added: “[This would] have some benefits in terms of increased housing provision, open space and construction jobs. However, these benefits are not so great as to justify the compulsory acquisition of the objectors’ properties at Dart Close and Billing Avenue.

“The redevelopment scheme would have the potential for some further benefits to the local community, but those are less tangible and less certain.

“The replacement of the existing dwellings might also bring sustainability benefits in terms of reduced energy use and emissions, but the extent of any such benefits is unproven and unquantified.”

He concluded that: “In the absence of any apparent consideration of alternatives, it has not been sufficiently demonstrated that the compulsory acquisition of the objection properties is necessary to achieve benefits of the kind sought.”

He added: “The sustainability benefits claimed by the council have not been substantiated; nor has it been shown that the demolition of the existing properties is the only or best way to achieve those benefits; nor that the inclusion of the objectors’ properties is necessary.”

Mr Felgate said that he has no doubt the council’s actions are “wellintentioned, and are motivated by highly respectable environmental objectives”.

He added: “I have no reason to doubt that the scheme that it seeks to promote would produce a reasonably high-quality development, securing the area’s long-term future, and making some contribution to sustainability.”

However, Mr Felgate felt that there was not a compelling enough case to force the purchase of the objectors’ homes.

David Auger, of Martin and Pole Estate Agents, was acting on behalf of the two objecting families.

He said that unless the borough council makes the home-owners an offer they are prepared to accept, the families do not have to move.

“If they want to stay there, they can,” he said. “For a lot of people, it’s not about the money, but the emotional side of the move.

“Lots of people moved in during the 1980s, and have lived there ever since.”

Mr Auger said it was not the end of the road for the borough’s council’s redevelopment plan, but the decision has given homeowners an opportunity to negotiate on the sale of their homes — if they want to move.

Cllr John Kaiser, the borough council’s executive member for finance and housing, said the borough council is considering applying for another CPO with more evidence attached.

He said: “CPO has always been viewed as our absolute last resort and we continue to work with owners directly, having already secured 29 properties through negotiation since we started the regeneration in 2018.”

Cllr Kaiser said that regenerating Gorse Ride is more than refurbishing a few properties.

“It’s about addressing historic issues with design and layout,” he said, “and about creating strong communities, with an increased number of affordable homes, a wider mix of houses and apartments and improved facilities such as new open spaces for all to enjoy.”

Cllr Kaiser said that the council is reviewing the overarching programme as there have been some issues with availability and cost of materials, as well as staff and the impact of Covid-19.

An update is expected next year.