Yorkshire Traction Company Ltd v SoS Transport and another
Yorkshire Traction Company Ltd v SoS Transport and another
- 1997
- Rating & Valuation Reporter [1997] 37 RVR 150-154(5) .
CA 22 January 1997. Y appealed against S`s confirmation of a compulsory purchase order made by the South Yorkshire Passenger Transport Executive for the redevelopment of a bus station owned and operated by Y. Y contended that S had no power for compulsory purchase where the principal purpose was to take control of the owner`s undertaking when the operational control was one of the main objects of the order. Secondly, that it would inhibit competition in the provision of public transport services. Y also criticised S`s decision for putting the burden of defeating the order on the objector rather than the acquiring authority to justify the purchase - S not applying a test of sufficient resources that he himself had laid down. Appeal dismissed.
BURDEN OF PROOF
BUS STATION
COMPETITION
PUBLIC TRANSPORT
YORKSHIRE TRACTION COMPANY LTD V SOS TRANSPORT AND ANOTHER
CA 22 January 1997. Y appealed against S`s confirmation of a compulsory purchase order made by the South Yorkshire Passenger Transport Executive for the redevelopment of a bus station owned and operated by Y. Y contended that S had no power for compulsory purchase where the principal purpose was to take control of the owner`s undertaking when the operational control was one of the main objects of the order. Secondly, that it would inhibit competition in the provision of public transport services. Y also criticised S`s decision for putting the burden of defeating the order on the objector rather than the acquiring authority to justify the purchase - S not applying a test of sufficient resources that he himself had laid down. Appeal dismissed.
BURDEN OF PROOF
BUS STATION
COMPETITION
PUBLIC TRANSPORT
YORKSHIRE TRACTION COMPANY LTD V SOS TRANSPORT AND ANOTHER