Newell and others v SoS Environment and another; Fletcher Estates (Harlescott) Ltd v SoS Environment and another
Newell and others v SoS Environment and another; Fletcher Estates (Harlescott) Ltd v SoS Environment and another
- 2000
- Estates Gazette [2000] 11 EG 141-147(7) .
HL 17 February 2000. On 30 January 1986 notices were published and served to make a compulsory purchase order by the SoS Transport to acquire land belonging to the appellant landowners (N and F) for a bypass, these were notices for the purposes of Land Compensation Act 1961 s22(2)(a) to enter on the affected land was 5 July 1990. In 1992 N and Fapplied for certificates of appropriate alternative development. Certificates for residential and industrial development were issued by the planning authority in 1993. The SoS Environment allowed appeals by the SoS Transport and substituted nil certificates stating that if the land were not proposed to be acquired by an authority possessing compulsory purchase powers, planning permission would have been granted for the road scheme for which the land was being acquired but that it would not have been granted for any other development. On application by N and F the certificates were quashed. CA allowed appeals by the defendant. Appeals dismissed.
NEWELL AND OTHERS V SoS ENVIRONMENT AND ANOTHER
FLETCHER ESTATES (HARLESCOTT) LTD V SOS ENVIRONMENT
LAND COMPENSATION ACT 1961
PLANNING PERMISSION
REFUSAL
RESIDENTIAL DEVELOPMENT
HL 17 February 2000. On 30 January 1986 notices were published and served to make a compulsory purchase order by the SoS Transport to acquire land belonging to the appellant landowners (N and F) for a bypass, these were notices for the purposes of Land Compensation Act 1961 s22(2)(a) to enter on the affected land was 5 July 1990. In 1992 N and Fapplied for certificates of appropriate alternative development. Certificates for residential and industrial development were issued by the planning authority in 1993. The SoS Environment allowed appeals by the SoS Transport and substituted nil certificates stating that if the land were not proposed to be acquired by an authority possessing compulsory purchase powers, planning permission would have been granted for the road scheme for which the land was being acquired but that it would not have been granted for any other development. On application by N and F the certificates were quashed. CA allowed appeals by the defendant. Appeals dismissed.
NEWELL AND OTHERS V SoS ENVIRONMENT AND ANOTHER
FLETCHER ESTATES (HARLESCOTT) LTD V SOS ENVIRONMENT
LAND COMPENSATION ACT 1961
PLANNING PERMISSION
REFUSAL
RESIDENTIAL DEVELOPMENT