Derker Community Action Group CPO Public Inquiry

PIL are acting for the Derker Community Action Group, a community group of over 257 individuals and families fighting to keep their homes in the Derker ward of Oldham, one of the poorest areas in the country.

Oldham Metropolitan Borough Council plans to demolish their houses to make way for new houses under the Government-sponsored Pathfinder scheme. Some of the individuals concerned are elderly, have lived in the community for many years and rely on the help of their friends and neighbours for day-to-day living. Others, who suffer from disability or illness, rely on the close-knit community and in many cases have had their homes specially adapted to meet their needs. All the residents concerned point to the fact that their homes are in good condition and there is a warm and friendly community, which will be destroyed. They are angered by the high-handed treatment they have received at the hands of the Council and its unwillingness to listen to their concerns.

The Oldham (Derker Area Phase 1 Regeneration) Compulsory Purchase Order 2005 was promoted by Oldham Metropolitan Borough Council under section 226 of the Town and Country Planning Act 1990. The number of objections to the Council's plans meant that a public inquiry was held from 6th February to 3rd April 2007 to decide whether the Order should be confirmed. It was the residents' case at the public inquiry that Council has failed to show that the Order would contribute to the economic, social and environmental well-being of the area, which is a requirement under the Act. They also argued that the Order would breach their human rights to a private and family life (Article 8) and peaceful enjoyment of their possessions (Article 1 of protocol 1).

The inquiry has now closed and the Inspector has retired to consider his recommendation to the Secretary of State.

The Derker Community Action Group chose PIL to help them in their battle against the Pathfinder initiative. They were represented at the inquiry by Robert McCracken QC of 2 Francis Taylor Buildings.