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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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if a council would like to compulsory purchase a piece of

Customer Question

if a council
would like to compulsory purchase a piece of land against the owners wishes, what could the owner due to prevent this?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this.

Alex Watts :

The owner could seek a Judicial Review.

Alex Watts :

That is where a High Court Judge considers what the Council has done and will decide whether they have acted within the law and whether their decision, on balance, was reasonable

Alex Watts :

A Judge can agree with the decision or remit it back for further consideration

Alex Watts :

You will need a Solicitor for this as the Court rules can be complicated and you need to issue proceedings in the High Court/

Alex Watts :

Can I clarify anything for you about this today please?

Expert:  dianne-cssm replied 2 years ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at [email protected] co. uk and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.co.uk/law/8lo0j-council-would-compulsory-purchase-piece.html). Thank you, The JustAnswer Customer Support Team.
Customer: replied 2 years ago.

I appreciate that a judge would be involved in the process, bur my question specifically was to do with what things I could do in order that the council could not put it before a judge like ploughing and planting the previous year thanks


GERook

Expert:  Ash replied 2 years ago.
You need to show that they have failed to take all relevant matters into account, taken irrelevant matters into account or not applied their own Policy.

That is what you need to show.

Alex