The building was unfit for human habitation and had inadequate fire precautions.
Attempts to prompt the owner, an off-shore company, to take remedial action failed and the council decided to compulsorily purchase the building. That decision was upheld by an inspector and confirmed by the secretary of state.
The owner appealed, saying the power to acquire buildings for housing did not authorise the purchase of the parts of the building in commercial use and that the council hadn't exhausted other powers available to it.
The judge dismissed the appeal. He decided the acquisition of the commercial part was ancillary or incidental to the exercise of the power to acquire the whole for housing use. Alternatively, the whole building constituted a "house" that the council was entitled to purchase and the commercial use of part of it did not stop it being a house.
The owner hadn't suggested to the inspector that there were other powers open to the council and, in any event, the council's evidence showed that it had considered other options and given reasons for rejecting them.
Source
Housing Today
Reference
This constructive use of compulsory purchase order powers achieved the double whammy of additional housing provision and area improvement. Hopefully, it will be actively copied elsewhere.
