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Search the Public Notice PortalQUESTIONS over human rights hung over a public meeting after a councillor challenged a housing association on whether its plans to demolish homes in Basingstoke were legally sound.
Reform UK South Ham Councillor Steve Trumm has questioned whether plans to demolish homes in Pinkerton Road could breach residents' human rights, and housing association SNG (Sovereign Network Group), which is behind the scheme, was unable to give a definitive answer on the night.
Cllr Trumm raised the issue at a meeting of the Buckskin and South Ham Regeneration Overview and Scrutiny Committee on Monday, July 6, as SNG presented its early proposals to redevelop the Pinkerton Road area.
Citing Article 1, Protocol 1 of the European Convention on Human Rights — which protects the right to enjoy personal possessions, including property — Cllr Trumm warned that moving residents from their homes could amount to a serious legal breach.
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Cllr Steve Trumm, representing South Ham Ward, is sceptical of the plans, saying there is a lack of information available surrounding the proposals. (Image: Eve Thompson)
He said: "This is a substantial and major interference with an individual's fundamental rights. I'm not a lawyer, but this is a really important matter for our residents. Under Article 1, Protocol 1 of the European Court of Human Rights, the protection of property and the right to enjoy possessions is a core tenet of that overarching legislation.
"Has due reference and consideration been given to such legislation? I want to make sure that due consideration has been afforded to the broadest section of legislation that can apply to this."
Polly Gardner, director of regeneration and major projects at SNG, acknowledged the question but said it was too early in the process to assess the legal implications in full. She said: "We're sharing our initial ideas for an early development phase at Pinkerton Road and we're looking to engage with residents in early autumn on initial ideas for an emerging master plan.
"It's too early really to comment on any impact, but of course due consideration is given to all our legal obligations, whatever they would be."
The response did not satisfy the committee's chair, Cllr Gary Watts, who asked council officers to provide a proper answer to Cllr Trumm's question. He said: "The council does play a substantial role in planning," adding that a full response would be required.
Cllr Sean Dillow at an SNG public engagement session. (Image: Cllr Sean Dillow)
The exchange came as the committee heard that residents displaced by the scheme would receive a government-set Home Loss Payment of £8,100, plus a Disturbance Allowance to cover moving costs. Resident homeowners would receive 110 per cent of their property's market value, along with legal fees and stamp duty covered by SNG.
Cllr Sean Dillow also pressed SNG on the question of "equivalence" and whether residents could expect to be no worse off, not just financially, but in terms of the size, tenure, location and quality of their new home.
He said: "Equivalence can mean many things, not just financial. If they've got a back garden, if they've got a place to walk the dog, if they've got the neighbours and the locality. Would the council be able to clarify what they mean by equivalence in layman's terms, so it's clear to residents what they should expect?"
Cllr Watts said he agreed with the sentiment, but acknowledged that compulsory purchase — if it came to that — would ultimately be a matter for cabinet.
SNG confirmed that a planning application for the Pinkerton Road area is expected to be submitted in autumn this year, with a planning committee decision anticipated in 2027. The proposals currently show 119 new homes consisting of 80 flats and 39 houses, all designated as affordable housing, with buildings of up to four storeys.
The Pinkerton Road proposals remain at an early stage and SNG stressed that designs may change in response to feedback gathered at this month's public exhibitions.
Residents who were unable to attend can still share their views online at www.pinkertonconsultation.commonplace.is, by emailing yourcommunity@sovereign.org.uk or by calling 0300 500 0926.
Polly Gardner, Regeneration and Major Projects Director said: “The proposed improvements to Pinkerton Road will need planning permission from Basingstoke and Deane Borough Council and the acquisition of any land needed to deliver the scheme.
"SNG hopes that any land required can be secured through discussions and agreement with affected residents and landowners.
“SNG recognises that these proposals may be a significant concern for those who could be affected.
"As a registered provider of social housing, SNG has legal responsibilities under the Human Rights Act 1998 and must carefully consider this when making decisions.
"Any decisions relating to this project will only be taken after full consideration of those rights.”
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