In Liverpool the compulsory purchase order by quango English Partnerships to forcibly remove tenants from a community in Edge Lane was ruled as unlawful. Could this be the beginning of the end for future ‘Gateway’ projects and other Pathfinder demolitions?

Press release from campaigner and Edge Lane resident, Elizabeth Pascoe:

English Partnerships versus English Partnerships High Court Challenge to Compulsory Purchase Order

On 27th September, Judge Forbes in the High Court ruled that the Government quango regeneration body, English Partnerships, exercised its delegated powers unlawfully in that it was outside the statutory powers conferred by the Leasehold Reform, Housing and Urban Development Act 1993, in seeking to compulsorily purchase 367 homes from those living along Edge Lane West in Liverpool for clearance for a “better” gateway for the 2008 City of Culture. In addition, he ruled that the Order was a violation of the claimant’s right to a private and family life under Article 8 of the European Convention on Human Rights and peaceful enjoyment of her property under Article 1, protocol 1.

Following a public inquiry in October 2005, on 15 February 2006, the First Secretary of State accepted the Planning Inspectorate’s recommendations and confirmed the Order. The Edge Lane Compulsory Purchase Order (CPO) is the first of a series of CPOs planned by the Urban Regeneration Agency quango in areas deemed deprived. Known as “Pathfinder”, it plans to forcibly remove existing communities (if coercion is unsuccessful) to make way for new developments and in a few cases refurbishment, on the grounds that this will regenerate the area (with new residents and higher tax band properties).

There are nine Pathfinder areas affecting up to 30 towns and cities across the country. Nationally, the project covers 700,000 homes and 2.5 million people. The Edge Lane CPO included some Pathfinder funding. It follows the Nelson, and Darwen Pathfinders (also not confirmed). This one first of a series of CPOs planned by the Urban Regeneration Agency in Liverpool, and which are proposed to include the Welsh Streets (where Beatles’ drummer Ringo Starr had a home), and other Liverpool areas. The unpopular Pathfinder initiative has had much criticism from many sources besides the victims affected since its conception.

After the long public inquiry, Elizabeth Pascoe who brought the challenge said

‘This is a pyrrhic victory for me. It is bittersweet because much of my community has already been destroyed as a result of this initiative. Many of my neighbours who had lived here happily for decades succumbed so very recently to the pressures of empty properties surrounding them and all the hell that attracts and to so much misinformation, this last few weeks that my battle was merely a formality and bulldozers were ready (from those that certainly knew better).

In the High Court I was doing what I did for my community which this long standing acquisition process has now destroyed. There will be much heartache among those who will now find that they gave in to the pressures. All isn’t totally lost because I was also doing it for many others now and in the future nationwide. Hopefully we can truly regenerate what remains and attract the dispossessed..‘

Phil Shiner, the solicitor representing Ms Pascoe in the High Court from Public Interest Lawyers said:

‘This was a test case, which means that this victory will benefit people across the country similarly affected. The judgment vindicates those at the inquiry and who agreed with the MP who described the proponents’ scheme as a form of social cleansing and municipal vandalism. We are all so delighted and relieved.‘

Fortunately throughout Elizabeth and the rest of the objectors’ group (BEVEL Better Environmental Vision for Edge Lane) had support from many before the High Court case. This included: expert solicitor Clive Brand, whose thorough work (which identified the unlawfulness) was still being quoted in the High Court; free representation at the public inquiry from solicitors Christiaan Zwart and Martin Edwards (who highlighted the vital legal point which ultimately won out); and the determination of a great many volunteer witnesses (such as MP Jane Kennedy, Frank Kennedy from Friends of the Earth, Adam Wilkinson from Save Britain’s Heritage, Prof Anne Power from London School of Economics and the Urban Task Force).

There is now hope for co-operation from all parties to get on with repairs and upgrading of the devastated neighbourhood.