News RSS Feed


REGISTER NOW TO POST YOUR COMMENTS ON THESE STORIES

It's free and only takes a few seconds. Click here to go to the registration page.

Blackburn resident tells council: I will not be moved

9:40am Saturday 19th July 2008

comment Comments (8)   Have your say »

Photograph of the Author By Tom Moseley »

THE last person left living in a street due to be bulldozed for regeneration work has told council bosses: I will not be moved.

Daniel Hillary’s last neighbour in Highfield Road, in the Infirmary area of Blackburn, moved out in January, and all the other houses are boarded up with the windows filled in with concrete.

Just two other houses in the entire 150-house block - which includes HIghfield Road, Mosley Street, Rockcliffe Street and Alaska Street - are still occupied, and it is thought those residents are about to leave.

Bulldozers are already at work knocking the empty properties down.

Last week Mr Hillary launched a court battle for an injunction to try and halt the demolition, which if successful could lead to a costly public inquiry.

Blackburn with Darwen Borough Council bosses said they were supporting Mr Hillary, 30, and trying to negotiate a fair price for his home.

But Mr Hillary said the council had to ‘prove it had the right to acquire my home’.

The stand-off was sparked after it as revealed in 2005 that council officers had “altered” independent surveys on the houses so the properties were labelled unfit to live in.

Mr Hillary complained to Local Government Ombudsman Anne Seex, claiming the council had not used the correct procedure before deciding to clear the area.

Now, her interim report has found maladministration in the council’s failure to maintain clear and adequate records, and for serving notice of demolition before councillors had given the green light. But it concludes no injustice was caused to Mr Hillary.

In her conclusions, Ms Seex said the council should apologise to Mr Hillary and pay him £250.

Mr Hillary added: “I was expecting a public inquiry before demolition started. The council has decided the best course of action is demolition, and I disagree.

“Of course it would have been easier to have moved. But I think the council is wrong and I’ve put it to them when they prove they have the right to acquire my property we will start talking about it.”

Mr Hillary said he had installed high-security gates in front of his door because the deserted estate is plagued with vandalism.

Mr Hillary, who has lived on Highfield Road since 2003, said: “It was a good area when I moved in. There were a lot of older people who had been there a long time. On the whole, most people wanted to stay.

“Now I have affectionately renamed it the West Bank. It reminds me of the news when you see people literally being bulldozed from their homes.”

Sayyed Osman, director of neighbourhoods, housing and customer services, said the council had fully co-operated with the ombudsman’s long-running inquiry.

He said: “Mr Hillary’s underlying issue for the past two years has been what he considers his property is worth. The council has done everything within its powers to offer Mr Hillary the best justifiable package as value and compensation for his property.

“We will continue to support Mr Hillary, as we have done to date, within the bounds of our powers and resources.”

Eventually the plan is to regenerate the area under the multi-million pound Elevate regeneration scheme.

Your Say YourTelegraph

Joe Smith, Blackburn says...
11:26am Sat 19 Jul 08

This has nothing to do with what the Council did right or wrong its about money, and to say the Highfield Road and Mosley Street area in 2003 was a good area he's dreaming, l lived up there before 2003 and it was on the way down when l left in the late 90s, but if Mr Hillary has got independent valuations higher than the Council he should stick to his guns, but at least say what the real problem his.

Joe Smith, Blackburn says...
11:50am Sat 19 Jul 08

Ps. Mr Hillary l forgot to say Good Luck and l mean it. and if you have not got a professional on your side, get one the Council normally have to pay there fee. and thats not hear say, l was compensated for a property not more than a few 100 yards from you in the middle 80s, an estate agent got me nearly double the council's first offer.

Linda Mason, says...
10:06pm Sat 19 Jul 08

BwD Council should pay the resident the full price of his house, and also compensation for the distress and upheaval they are causing.

Mr Hillary, GOOD LUCK and stick to your guns.


SusieF, Darwen says...
10:27pm Sat 19 Jul 08

Good for you Mr Hillary, don't them let bully you like they did to the poor people in the Redearth circle in Darwen, they had been there for over 40 years and they were forced to sell.

guardian, darwen says...
9:36pm Sun 20 Jul 08

The Council (by law) has to pay the full market value of his house plus 10% compensation. Mr Hillary (as all residents in clearance areas) appoints his choice of valuer, paid for by the Council, who acts on his behalf. The valuer then negotiates with the Council's valuer, taking into regard house prices in the area, condition of the property etc etc; Mr Hillary probably thinks his house is worth much more than it actually is, however, most residents settle amicably. If he cannot agree a price then the Council serves compulsory purchase notice - the two valuers then agree the market value of the property. It is quite common for a few people not to agree. As in the Redearth area, 95% of owners agreed voluntarily to sell - only a few were forced to sell. Most people were glad to move from this area as well as from Redearth. Most of the properties were owned by landlords not owner occupiers. Many were empty. Tenants receive around £4,500 compensation plus go to the top of the waiting list for social housing (if they require it). The equity loaqn scheme means that owner occupiers can easily afford to buy a replacement property, often much better than the ones they live in. Mr Hillary could do this, but it is his right not to move (if he chooses so) until the compulsory purchase notice takes effect. He can appeal these notices if he so wishes.

Nad, Rojales says...
11:28pm Mon 21 Jul 08

Wait 'till the council have Knocked down ther houses either side of you then you will be detached and can get the result (whatever that is!) you want/need. Seriously though, you're gonna lose. take no notice of the above (gaurdian) s/he have got thrir 'what is right ' with what is going to happen confused. Best of luck.

danhillary, blackburn says...
6:05pm Fri 29 Aug 08

I am not negotiating with them.The Council did not inform me on local searches of Housing Restructuring in 2003 when I bought house or of the ADF.My area was a good area, not all Infirmary was I accept. Council Officer said £2m less to demolish.Truth-£0.6
64m more even with 18month old house prices! Failed to use Housing Act 1985 correctly in assessing risks posed by properties & quoting to remedy unfitness rather than exte rnally rebuild.My independent survey states house fit,as did the Council's independent survey till they altered it without advising anyone! Only 72% of residents asked wanted to stay! This is about abuse of legislation / power. From 2002 - 2016 3178 properties are proposed for clearance by the ADFs. Makes you wonder why the ADFs are considered confidential when they are subject to public consultation. Renewal is restructuring. For those who think this is about money, you may change your minds in years to come. The Council/Capita's offers are poor though I accept, but that is a secondary issue to the legal right to purchase. Ask your Councillor what ADF says for your area - bet they don't know!

danhillary, blackburn says...
6:34pm Fri 29 Aug 08

I 4got 2 mention. 21 houses on my street found by surveyors to need only £11,900 spending on them, $557 each! Council made this about £35,000 EACH. Surveys for some houses found unfit by Council on re-survey show they are fit! The Housing Act 1985 S289 was amended in 1989. If your home is at risk, make sure you know the difference, and look up the Atkinian Test. That said, the Housing Act 2004 now applies, with a stricter approach - am I confident the Council will use it correctly? If it agrees with their ADF plans I am sure they will. If not, there are always secret EXTERNAL only re-surveys to rely on!! It is time the Council Officers realised authority lies with Exec Members. The people who were conned into thinking our hoes were unfit and needed millions of repairs! Now the Labour Council is gone, get rid of the unaccountable labour officers and their housing association obsession. They are a good thing, but not to force people into leaving their homes for!

Your sayYourTelegraph

comment Add your comment

Register for a FREE Lancashire Telegraph account and you can have your say on today's news and sport by adding comments on articles we publish. The best comments may even get published in the paper.

Please register now or sign in below to continue.




Forgotten your password?
SAFE AS HOUSES? Daniel Hillary is the last remaining resident on Highfield Road, Blackburn SAFE AS HOUSES? Daniel Hillary is the last remaining resident on Highfield Road, Blackburn

Sponsored Adverts

Local Advertisers


Local Information

Enter your postcode, town or place name

House prices »   Schools »   Crime »   Hospitals »

Sponsored Adverts
Sponsored Adverts