Fletcher Estates v SoS Environment
Fletcher Estates v SoS Environment
- 2000
- Weekly Law Reports [2000] 2 WLR 438-451(14) .
HL 17 February 2000. In 1970 a protected route for a bypass was defined across the subject land pursuant to a scheme for the improvement of a trunk road orginally proposed in 1952. Because of the proposal for the bypass, planning permission for residential development of parts of the land was refused on six occasions, other land being identified as more suitable. On 30 January 1986 SoS Transport gave notice of the making of a compulsory purchase order in respect of two parcels of the land. The landowners applied for certificates of appropriate alternative development under Land Compensation Act 1961 s17, and the planning authority granted positive certificates for residential and industrial development. SoS appealed against the certificates and an inquiry was held. The Inspector concluded that, on the assumption of the bypass being built elsewhere there had as at 30 January 1986 been no reasonable basis for considering residential or industrial development as appropriate on any part of the land. SoS allowed the appeals and substituted negative certificates under Land Compensation Act of 1961 s17(4)(b). Appeal dismissed.
FLETCHER ESTATES (HARLESCOTT) LTD V SOS ENVIRONMENT
LAND COMPENSATION ACT 1961 S17
PLANNING AND COMPENSATION ACT 1991
CERTIFICATES OF APPROPRIATE ALTERNATIVE DEVELOPMENT
COMPENSATION
PLANNING PERMISSION
REFUSAL
RESIDENTIAL DEVELOPMENT
HL 17 February 2000. In 1970 a protected route for a bypass was defined across the subject land pursuant to a scheme for the improvement of a trunk road orginally proposed in 1952. Because of the proposal for the bypass, planning permission for residential development of parts of the land was refused on six occasions, other land being identified as more suitable. On 30 January 1986 SoS Transport gave notice of the making of a compulsory purchase order in respect of two parcels of the land. The landowners applied for certificates of appropriate alternative development under Land Compensation Act 1961 s17, and the planning authority granted positive certificates for residential and industrial development. SoS appealed against the certificates and an inquiry was held. The Inspector concluded that, on the assumption of the bypass being built elsewhere there had as at 30 January 1986 been no reasonable basis for considering residential or industrial development as appropriate on any part of the land. SoS allowed the appeals and substituted negative certificates under Land Compensation Act of 1961 s17(4)(b). Appeal dismissed.
FLETCHER ESTATES (HARLESCOTT) LTD V SOS ENVIRONMENT
LAND COMPENSATION ACT 1961 S17
PLANNING AND COMPENSATION ACT 1991
CERTIFICATES OF APPROPRIATE ALTERNATIVE DEVELOPMENT
COMPENSATION
PLANNING PERMISSION
REFUSAL
RESIDENTIAL DEVELOPMENT