Wednesday, 19 November 2008

Hynes Family Wins First Round in Legal Fight to Save Home

Yesterday we received the fantastic news that the Hynes Family in Gipton had won the right take Leeds City Council to the High Court over the Council's decision to start Compulsory Purchase proceedings against their home. The Hynes Family live in the Oak Tree area of Gipton, one of 8 sites earmarked for new housing development under the Council's regeneration scheme with Bellway Homes. Back in 2003, the family were promised that they could stay in their home, even though the surrounding homes were to be demolished. Then in 2005, the Council said they had changed their mind. Hands Off Our Homes has been supporting the family since 2007 with advice and help, and is backing them all the way.

Here is an article from the Yorkshire Post:

Couple win first round in court battle to save home

Published Date:
19 November 2008

A MARRIED couple won the first round of a High Court battle yesterday to stop a council knocking down their family home of 25 years. John and Elisa Hynes continued living in their home at Oak Tree Mount, Gipton, even after Leeds City Council demolished most of the rest of their street in 2005.

But the council now says their house must be demolished and has taken steps to obtainan order forcing Mr and Mrs Hynes to sell up and move on. The couple began a legal challenge and were granted permission by Mr Justice Cranston to mount a full judicial review challenge to the decision at the High Court.

The couple claim they have a "legitimate expectation" that the council will honour a promise made in 2003 to allow their home, which they own, to remain standing, despite other demolitions. In papers put before the court the couple's lawyers told how they had relied on the council's "Option 4" promise that they could remain in their home while the housing estate around them was knocked down.

They had been given three other options of what to do when the work began, including being bought out or moved to a council property, but opted to stay in the family home. They then carried out "significant repairs and improvements" to their home before suffering "significant noise, dust, dirt, inconvenience and minor property damage" as surrounding homes were knocked down.

The couple were able to cope with the nuisance and distress in the knowledge that their long-term future in their home was secure. In April, the council decided to obtain a compulsory purchase order for a piece of land and property which includes the Hynes' home.

After hearing arguments from both sides, Mr Justice Cranston granted permission for a full hearing to decide whether the council should be made to rethink its decision. No date has been set for the full hearing, which is expected to last one day.

2 comments:

Edward Walker said...

Building Magazine 05.12.08 page 25 "TAKING EXCEPTION
It was nice to see Bellway bosses looking about them when awarding bonuses this year. The housebuilder said "genuinely exceptional circumstances" meant they would tone down bonuses to 55% of basic salaries. For John Watson, the companies chief executive, that meant a £275,000 bonus on top of his £500,000 salary. The company said this extreme economy had also been prompted by the weaker financial performance of fellow housbuilders. I wonder if the 400 Bellway workers made redundant this year were consoled?"

Competitions said...

I am worried by reading this but quite happy for their little success.Best for luck for further.Thank You