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Porter and another v SoS Transport

Language: English Series: Estates Gazette ; (1995) 33 EG 92-96 (5)Publication details: 1995Subject(s): Summary: LT 6 January 1995. SoS Transport (X) acquired land from the claimants (P) for the construction of a bypass. P retained adjoining land. The SoS Environment granted a certificate of appropriate alternative development, reasoning that had the land not been acquired for the bypass it could have been residentially developed. X sought to adduce evidence that the conclusions of SoS Environment should not be considered when assessing compensation. P contended that X was precluded by the conditions of issue estoppel from reopening the issue determined by the certificate of alternative development. Decision in the claimants favour.

LT 6 January 1995. SoS Transport (X) acquired land from the claimants (P) for the construction of a bypass. P retained adjoining land. The SoS Environment granted a certificate of appropriate alternative development, reasoning that had the land not been acquired for the bypass it could have been residentially developed. X sought to adduce evidence that the conclusions of SoS Environment should not be considered when assessing compensation. P contended that X was precluded by the conditions of issue estoppel from reopening the issue determined by the certificate of alternative development. Decision in the claimants favour.