000 01942cab a2200193 4500
001 ##L132500
008 060213n2006 000 0 eng u
035 _a(Sirsi) u132500
041 0 _aeng
245 0 0 _aIan Norris v First Secretary of State and Stoke on Trent City Council
260 _c2006
520 _a[2006] EWCA Civ 12, 19 January 2006. Considers whether a planning permission needed to be extant when the secretary of state sought to bring into operation a Compulsory Purchase Order (CPO) facilitating the construction of a by-pass. N appealed against the earlier decision ([2005] EWHC 890 (Admin), unreported) that the SoS has lawfully made operative a 1997 CPO facilitating the construction of the by-pass. N contended that the SoS bound himself in the light of the issue's history and by his letter not to make the CPO operative without satisfying himself that the planning permission was still extant and that the permission must be extant to allow the CPO to be made operative. The permission was also not extant at the time of SoS's decision to make the CPO operative. "Held": appeal dismissed. SoS could rationally proceed to make the CPO operative without being satisfied that the by-pass would be constructed following the by-pass permission. The status of the planning permission was irrelevant to SoS's decision to make the order operative. There was no violation of the principle that unlawful operations could not amount to of the commencement of a development.
590 _aIKA140206
650 2 4 _aF G WHITLEY AND SONS CO LTD V SOS WALES
650 2 4 _aHENRY BOOT HOMES LTD V BASSETLAW DC
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
856 4 0 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/12.html&query=Norris+and+First+Secretary&method=phrase
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c76475
_d76475