Porter and another v SoS Transport
Porter and another v SoS Transport
- 1995
- Estates Gazette (1995) 33 EG 92-96 (5) .
LT 6 January 1995. SoS Transport (X) acquired land from the claimants (P) for the construction of a bypass. P retained adjoining land. The SoS Environment granted a certificate of appropriate alternative development, reasoning that had the land not been acquired for the bypass it could have been residentially developed. X sought to adduce evidence that the conclusions of SoS Environment should not be considered when assessing compensation. P contended that X was precluded by the conditions of issue estoppel from reopening the issue determined by the certificate of alternative development. Decision in the claimants favour.
BYPASS CONSTRUCTION
CERTIFICATE OF APPROPRIATE ALTERNATIVE DEVELOPMENT
COMPENSATION
Compulsory purchase
ISSUE ESTOPPEL
LAND COMPENSATION ACT 1961 S17
LAND COMPENSATION ACT 1961 S18
PORTER & ANOTHER V SOS TRANSPORT
LT 6 January 1995. SoS Transport (X) acquired land from the claimants (P) for the construction of a bypass. P retained adjoining land. The SoS Environment granted a certificate of appropriate alternative development, reasoning that had the land not been acquired for the bypass it could have been residentially developed. X sought to adduce evidence that the conclusions of SoS Environment should not be considered when assessing compensation. P contended that X was precluded by the conditions of issue estoppel from reopening the issue determined by the certificate of alternative development. Decision in the claimants favour.
BYPASS CONSTRUCTION
CERTIFICATE OF APPROPRIATE ALTERNATIVE DEVELOPMENT
COMPENSATION
Compulsory purchase
ISSUE ESTOPPEL
LAND COMPENSATION ACT 1961 S17
LAND COMPENSATION ACT 1961 S18
PORTER & ANOTHER V SOS TRANSPORT