Royal Life Insurance Ltd v SoS for Environment and another
Royal Life Insurance Ltd v SoS for Environment and another
- 1992
- Estates Gazette 1992 43 EG 145-150(4) .
QBD 14 July 1992. Application by Royal Life (R) under Acquisition of Land Act 1981 s23 to quash part of the Bristol Development Corporation (Temple Mead/Kingsley Village Part 1) Compulsory Purchase Order 1990 made by second respondent Bristol Development Corporation (B) and confirmed by first respondent SOS (S). R alleged that S had failed to address the question of viability raised by way of `caveat` in his inspector`s report. B made the cpo in respect of 11 ha of land in the Bristol urban development area south east of the city centre. 4 ha of this land belonged to R. Held that although B`s evidence related to part of this site, the inspector had evidence before him relating to the whole of the scheme. QBD upheld his process of reasoning for the cpo despite the `caveat`. Furthermore, the SoS had discharged his task of seeing that B acted responsibly. S was under no obligation to analyse viability and so it cannot be said that he wrongly delegated that analysis to B. R should pay S`
ACQUISITION OF LAND ACT 1981
BRISTOL DEVELOPMENT CORPORATION
Compulsory purchase
LOCAL GOVERNMENT PLANNING AND LAND ACT 1980 S142
URBAN REGENERATION
VIABILITY
QBD 14 July 1992. Application by Royal Life (R) under Acquisition of Land Act 1981 s23 to quash part of the Bristol Development Corporation (Temple Mead/Kingsley Village Part 1) Compulsory Purchase Order 1990 made by second respondent Bristol Development Corporation (B) and confirmed by first respondent SOS (S). R alleged that S had failed to address the question of viability raised by way of `caveat` in his inspector`s report. B made the cpo in respect of 11 ha of land in the Bristol urban development area south east of the city centre. 4 ha of this land belonged to R. Held that although B`s evidence related to part of this site, the inspector had evidence before him relating to the whole of the scheme. QBD upheld his process of reasoning for the cpo despite the `caveat`. Furthermore, the SoS had discharged his task of seeing that B acted responsibly. S was under no obligation to analyse viability and so it cannot be said that he wrongly delegated that analysis to B. R should pay S`
ACQUISITION OF LAND ACT 1981
BRISTOL DEVELOPMENT CORPORATION
Compulsory purchase
LOCAL GOVERNMENT PLANNING AND LAND ACT 1980 S142
URBAN REGENERATION
VIABILITY