A positive section 17 (or section 18) certificate has been issued on the basis that the relevant land would be developed, or could only be developed, in conjunction with other land in the vicinity. It was argued that no assumption arose as a matter of law that planning permission would be granted for such development of the other land.
Held: In such circumstances an issue estoppel arose so as to preclude the acquiring authority from reopening the issues of fact on the basis of which a section 18 certificate had been granted.
Judges:
Judge Marder QC
Citations:
[1995] 2 EGLR 175
Jurisdiction:
England and Wales
Cited by:
Appeal from – Porter v Secretary of State for Transport CA 1996
Land had been compulsorily acquired for a road. The plaintiff was granted on appeal under section 18 of the 1961 Act a certificate of appropriate alternative development in respect of the land acquired, namely that the land acquired would have been . .
Lists of cited by and citing cases may be incomplete.
Land, Damages, Estoppel
Updated: 18 May 2022; Ref: scu.372589
