Vasiliou v SoS Transport and another
Vasiliou v SoS Transport and another
- 1991
- Property and Compensation Reports (1991) 61 PCR 507-517(6) .
CA 12 July 1991. The appellant V owned a restaurant in Blackpool `s tourist centre. The council granted consent for development of a shop which would turn the road on which V traded into a cul-de-sac , subject to the necessary street closing order . The inspector, at inquiry in August 1988, recommended that the order should not be made as closure would seriously affect V`s business. SoS for Transport rejected this on the basis that Town and Country Planning Act 1971 s209 related solely to highway matters and did not relate to planning permission. The court rejected an application by V to overule this. CA however allowed this appeal; the Minister could and indeed ought to have taken into account the adverse effect an order would have on those whose rights would be extinguished especially because the statement made no provision for the payment of compensation.
LAW CASE
RIGHTS OF WAY
CA 12 July 1991. The appellant V owned a restaurant in Blackpool `s tourist centre. The council granted consent for development of a shop which would turn the road on which V traded into a cul-de-sac , subject to the necessary street closing order . The inspector, at inquiry in August 1988, recommended that the order should not be made as closure would seriously affect V`s business. SoS for Transport rejected this on the basis that Town and Country Planning Act 1971 s209 related solely to highway matters and did not relate to planning permission. The court rejected an application by V to overule this. CA however allowed this appeal; the Minister could and indeed ought to have taken into account the adverse effect an order would have on those whose rights would be extinguished especially because the statement made no provision for the payment of compensation.
LAW CASE
RIGHTS OF WAY