R v Department of Trade and Industry ex p. Healaugh Farms
R v Department of Trade and Industry ex p. Healaugh Farms
- 1996
- Property and Compensation Reports [1996] 72 P&CR 1-9(5) .
QBD 13 December 1995. H owned land over which the National Grid proposed to construct new overhead powerlines. N applied to SoS Trade and Industry under the Electricity Act 1989 Para6 Sch4 for a compulsory wayleave. The DTI inspector fell ill after initial hearing and H sought assurance that SoS would pay his costs arising from the aborted hearing. SoS replied that there was no provision for any party to a wayleave to pay the costs of another. H applied for judicial review. "Held" that a hearing was an inquiry for the Tribunal and Inquiries Act 1971 and not the Electricity Act 1989 s62. There was no reason why an objector to compulsory wayleave proceedings should be worse off than objectors in any other proceedings. Application dismissed.
Compulsory purchase
COMPULSORY WAYLEAVE
ELECTRICITY ACT 1989
LOCAL GOVERNMENT ACT 1972 S250
LOCAL GOVERNMENT ACT 1972
NATIONAL GRID
POWER LINES
PUBLIC INQUIRY
R V DTI EX P HEALAUGH FARMS
TRIBUNAL AND INQUIRIES ACT 1971
WAYLEAVES
QBD 13 December 1995. H owned land over which the National Grid proposed to construct new overhead powerlines. N applied to SoS Trade and Industry under the Electricity Act 1989 Para6 Sch4 for a compulsory wayleave. The DTI inspector fell ill after initial hearing and H sought assurance that SoS would pay his costs arising from the aborted hearing. SoS replied that there was no provision for any party to a wayleave to pay the costs of another. H applied for judicial review. "Held" that a hearing was an inquiry for the Tribunal and Inquiries Act 1971 and not the Electricity Act 1989 s62. There was no reason why an objector to compulsory wayleave proceedings should be worse off than objectors in any other proceedings. Application dismissed.
Compulsory purchase
COMPULSORY WAYLEAVE
ELECTRICITY ACT 1989
LOCAL GOVERNMENT ACT 1972 S250
LOCAL GOVERNMENT ACT 1972
NATIONAL GRID
POWER LINES
PUBLIC INQUIRY
R V DTI EX P HEALAUGH FARMS
TRIBUNAL AND INQUIRIES ACT 1971
WAYLEAVES