Peter Village QC and James Burton acting on behalf of the Grafton Group, have successfully persuaded the High Court (Ouseley J) to quash the Port of London Authority (Orchard Wharf) Compulsory Purchase Order 2012 following a four day hearing: Grafton Group (UK) plc & anr v. Secretary of State for Transport and Port of London Authority  EWHC 1083 (Admin).
The CPO, which was the first ever CPO to be promoted by the Port of London Authority (“PLA”) at a public inquiry pursuant to powers under the Port of London Act 1968, had been confirmed by the Secretary of State for Transport following a six week public inquiry, accepting the recommendation of an Inspector. The land, a 1.38ha site known as Orchard Wharf at Leamouth, and a Safeguarded Wharf and subject to the London Plan safeguarded wharves policy, is owned by the Grafton Group.
The Court found that the “decision was unfair, and is quashed for that reason as well as the lack of evidence to support it.” In a subsequent hearing on 27 April following promulgation of the judgment, Ouseley J accepted Grafton’s argument that the proper course was to quash the Order as a whole.
The judgment can be read Judgment