Sharkey and Fitzgerald v SOS for the Environment and South Bucks DC
Sharkey and Fitzgerald v SOS for the Environment and South Bucks DC
- 1992
- Rating & Valuation Reporter 1992 RVR 29-34(6) .
CA 14 October 1991. An appeal by S and F against a HC decision quashing their application to overturn a compulsory purchase order issued by SBDC. Plots of land had been used by travellers (gypsies) i.e. S and F without planning permision. A number of enforcement notices had been issued. Held that in invoking powers to compulsorily acquire land under Town and Country Planning Act 1971 s112(1), SBDC need not have used any of its other powers before resorting to compulsory purchase provided that there was evidence on which it and the SOS for Environment could conclude that without the use of compulsory purchase the necessary planning purpose was unlikely to be achieved. Application dismissed. Leave to appeal to the House of Lords refused.
PLANNING PERMISSION
TOWN AND COUNTRY PLANNING ACT 1971 S112(1)
CA 14 October 1991. An appeal by S and F against a HC decision quashing their application to overturn a compulsory purchase order issued by SBDC. Plots of land had been used by travellers (gypsies) i.e. S and F without planning permision. A number of enforcement notices had been issued. Held that in invoking powers to compulsorily acquire land under Town and Country Planning Act 1971 s112(1), SBDC need not have used any of its other powers before resorting to compulsory purchase provided that there was evidence on which it and the SOS for Environment could conclude that without the use of compulsory purchase the necessary planning purpose was unlikely to be achieved. Application dismissed. Leave to appeal to the House of Lords refused.
PLANNING PERMISSION
TOWN AND COUNTRY PLANNING ACT 1971 S112(1)