The claimant challenged a compulsory purchase order made under the 1993 Act on the grounds of underuse of properties in the area.
Held: The respondent’s decision had been made on the basis that there was underuse of a ‘predominant number’ of properties. That phrase added an unlawful gloss to the statutory requirement and watered the test down. The decision was therefore unlawful.
Judges:
Forbes J
Citations:
[2006] EWHC 2356 (Admin), [2007] 1 WLR 885
Links:
Statutes:
Leasehold Reform, Housing and Urban Development Act 1993 159(1)
Jurisdiction:
England and Wales
Citing:
Cited – Berkeley v Secretary of State For The Environment and Others HL 11-May-2000
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required.
Held: Where a planning application if . .
Cited – Meyrick Estate Management Ltd and others v Secretary of State for Environment, Food and Rural Affairs Admn 3-Nov-2005
. .
Lists of cited by and citing cases may be incomplete.
Local Government, Land
Updated: 27 April 2022; Ref: scu.245126
