COURT HOLDS THAT EXTRANEOUS EVIDENCE CANNOT BE USED TO INTERPRET SCOPE OF CPO

R (Argos) v Birmingham City Council and Network Rail Infrastructure Limited.

Argos challenged by way of expedited judicial review the general vesting declaration (GVD) for the Birmingham New Street redevelopment.  The main issue raised by the challenge  was whether GVD had been made for the purpose authorised by the compulsory purchase order.

Mr Justice Ouseley held that the compulsory purchase order was not tied to a specific purpose and was not tied to the local authority's general scheme. The court held that since there was no ambiguity in the order so that extraneous evidence on the issue was not admissible but even if it was admissible it did not support the claim that the GVD was for an ulterior purpose.  The court also rejected the claim that the acquisition of the land was disproportionate to the public interest bearing in mind the compensation and temporary accommodation available. Article 1 was engaged by the making of a compulsory purchase order but there was no breach of human rights in the instant case and no error of law.

Gregory Jones QC and David Graham appeared for Network Rail Infrastructure Limited.  Instructed by Clifford Chance.