The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In October 1992, the applicant sought a declaration that the order was no longer exercisable.
Held: A compulsory purchase order cannot be kept alive beyond the three year limit after its publication. The service of the particulars under 3(3) of the 1981 Act did not exercise the powers given by the order; that could only be done by a notice to treat. Accordingly the notice had lapsed. The failure by parliament when passing legislation in a related field to overrule a decision did not have the effect of confirming that decision.
Judges:
Vinelott J
Citations:
Times 23-Jun-1993, 91 LGR 608
Statutes:
Compulsory Purchase (Vesting Declarations) Act 1981 4, Compulsory Purchase Act 1965 4 5, Acquisition of Land Act 1981 3(1) 26(1), Planning and Compensation Act 1991 67
Jurisdiction:
England and Wales
Citing:
Not followed – Westminster City Council v Quereshi 1961
. .
Cited – Hagee (London) Ltd v A B Erikson and Larson (a Firm) CA 1975
Tenancy at Will not protectable by 1954 Act
A tenancy at will falls outside the protection of the 1954 Act, though ‘parties cannot impose upon an agreement, by a choice of label, a nature or character which on its proper construction it does not possess’. Entry into possession while . .
Cited – Otter v Norman HL 1988
The Rent Act 1977 had provided that a tenancy was not to be taken to be a protected tenancy of a dwelling house: ‘bona fide let at a rent which includes payments in respect of board or attendance’
Held: Where a landlord provided a continental . .
Cited – Phillips v Mobil Oil 1989
. .
Lists of cited by and citing cases may be incomplete.
Land, Local Government
Updated: 03 November 2022; Ref: scu.79487
