R v SoS for Transport, ex parte Ellison
R v SoS for Transport, ex parte Ellison
- 1995
- Property and Compensation Reports (1995) 70 P&CR 161-177(17) .
QBD 14 December 1994. Town and country planning - proposal for improving the A34/M4 interchange - applicant submitted alternative plans including additional slip roads to relieve traffic flows through village - applicant presented evidence at public enquiry - DoT claimed that proposals were outside scope of inquiry - inspector and SoS did not consider the merits of the applicant`s plans - whether the inspector had failed to make a ruling on a question fo fact - whether failure to consider applicant`s proposals on merits was breach of legitimate expectation - whether SoS`s decision ultra vires (Journal abstract.)
ULTRA VIRES
QBD 14 December 1994. Town and country planning - proposal for improving the A34/M4 interchange - applicant submitted alternative plans including additional slip roads to relieve traffic flows through village - applicant presented evidence at public enquiry - DoT claimed that proposals were outside scope of inquiry - inspector and SoS did not consider the merits of the applicant`s plans - whether the inspector had failed to make a ruling on a question fo fact - whether failure to consider applicant`s proposals on merits was breach of legitimate expectation - whether SoS`s decision ultra vires (Journal abstract.)
ULTRA VIRES