Cases - R (Argos Ltd) v Birmingham City Council

Record details

Name
R (Argos Ltd) v Birmingham City Council
Date
[2011]; [2011]
Citation
EWHC 2639 (Admin); AII ER (D) 82 (Nov)
Legislation

European Convention on Human Rights 1950

Keywords
Planning and consents - CPO - general vesting declaration
Summary

The High Court refused an application by Argos Ltd for judicial review of the Council's decision to make a general vesting declaration (GVD).

Argos' position was that the original scheme which had been promoted (and which it had objected to) was changed after the CPO was confirmed but before the GVD was made. It argued that:

  1. the GVD was unlawful because it was being used to obtain land for purposes outside the scope of the CPO;
  2. an authorised acquisition breached its rights under the European Convention on Human Rights 1950 Protocol 1 art.1;
  3. the Council had unlawfully failed to consider Argos’ rights under art.1; and
  4. use of the GVD was unfair and unreasonable in those circumstances.

The Court dismissed the application for judicial review. It concluded:

  1. the CPO was not tied to a specific purpose and the GVD was made for the general purpose of the CPO (ie the refurbish and develop the shopping centre and train station);
  2. the acquisition was not disproportionate to the public interest;
  3. while Article 1 was engaged, there was no breach; and
  4. the operation of the GVD was not unlawful.