Compulsory Purchase Order in UK Law
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Smith v East Elloe Rural District Council
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But this argument is in reality a play on the meaning of the word nullity. An Order, even if not made in good faith, is still an act capable of legal consequences. Unless the necessary proceedings are taken at law to establish the cause of invalidity and to get it quashed or otherwise upset it will remain as effective for its ostensible purpose as the most impeccable of Orders.
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Sovmots Investments Ltd v Secretary of State for the Environment; Brompton Securities Ltd v Secretary of State for the Environment
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(3) Although no question of common intention arises, one must construe the compulsory purchase order and ascertain the intention of the acquiring authority. Camden must have intended to acquire the rights here in question, without which it would be impossible for the maisonettes to be used as houses.
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Fairmount Investments Ltd v Secretary of State for the Environment
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But in this case I am unable, consonant with the essential principles of fairness in a dispute, to uphold this compulsory purchase order. All cases in which principles of natural justice are invoked must depend on the particular circumstances of the cases. I can only say that in my opinion, in the circumstances I have outline, Fairmount has not had—in a phrase whose derivation neither I nor your Lordships could trace—a fair crack of the whip.
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R Grafton Group (UK) Plc British Dredging Services Ltd v Secretary of State for Transport Port of London Authority (First Interested Party/Second Defendant) Aggregate Industries UK Ltd (Second Interested Party/Third Defendant) London Concrete Ltd (Third Interested Party/Fourth Defendant)
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The debate between the successful claimants and the Secretary of State, and the Port of London Authority, is what is meant by "quash the compulsory purchase order". Mr Village QC submits that that means that the whole of the compulsory purchase order as made and as confirmed falls to be quashed. There is only one compulsory purchase order, he submits, and that is what is quashed.
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Re Stalybridge and Compulsory Purchase Order, 1963; Ashbridge Investments Ltd v Minister of Housing and Local Government
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Under this Section it seems to me that the Court can interferewith the Minister's decision if he has acted on no evidence; or if he has come to a conclusion to which on the evidence he could not reasonably come; or if he has given a wrong interpretation to the words of the Statute; or if he has taken into consideration matters which he ought not to have taken into account, or vice versa; or has otherwise gone wrong in law.
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Prasad v Wolverhampton Borough Council
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And it cannot be disputed that it is often wise, and not always risky, for a person threatened with the compulsory acquisition of his property to find alternative accommodation which may put him to expense and which may cause disturbance and loss of trade or business. Such prudent anticipation may mitigate the loss resulting from losing the property, whereas waiting to move till the last moment may increase the dispossessed person's loss.
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R v Secretary of State for the Environment, ex parte Ostler (pet dis)
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In making a judicial decision, the tribunal considers the rights of the parties without regard to the public interest. But in an administrative decision (such as a compulsory purchase order) the public interest plays an important part. The question is, to what extent aie private interests to be subordinated to the public interest.
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Neighbourhood Planning Act 2017
...... to make provision about planning and compulsory purchase; and for connected purposes.[27th April ... part (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 3(1)(p) # C3 ......
- The Planning and Compulsory Purchase Act 2004 (Commencement No. 14 and Saving) Order 2015
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Acquisition of Land (Authorisation Procedure) Act 1946
...... the law as to the authorisation of the compulsory purchase of land for purposes for which the ...section, be conferred by an order (in this Act referred to as a. ‘compulsory ......
- The Planning and Compulsory Purchase Act 2004 (Commencement No. 13) Order 2012
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Compulsory Acquisition of Land by Local Authorities and Procedure at the Inquiry Tribunals
...... COMPULSORY ORDER PROCEDURE The suitability or otherwise of land for housing ... with the question of exercising compulsory powers of purchase over it, and if it is decided that such land is ......
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Compulsory purchase and compensation update – 2016
Purpose: – The purpose of this paper is to summarise and analyse reforms to the compulsory purchase compensation code which have been published for consultation by the Department for Communities an......... following:•the statutory project shall be taken to be the implementation of theauthorised purpose within the area of the compulsory purchase order, saveto the extent that it is shown (by either party) that it is part of a largerproject; and•save by agreement or in special circumstances, the ......
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REVIEWS
Legal Problems of an Enlarged European Community. Edited by M. E. Bathurst, K. R. Simmonds, N. March Hunnings and Jane Welch. Information and Advice Services. By Rosalind Brooke. Marriage Stability......... to comply with the directives that order such legislation, is a problem for the ...& wrongful dismissal and hire- purchase) the text is curiously flat and ... J. F. GAnIVER. LAW OF COMPULSORY PURCHASE AND COMPENSATION. By KEITH DAVIES. ......
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Purchase Notices and Blight Notices
......or (c) a discontinuance order has been made,2the owner may serve3a purchase notice on the relevant ... it (in whole or part – in which event, it confirms the normal compulsory acquisition procedure) or grant planning permission, the refusal of which ......
- Compensation Arising From A Compulsory Purchase Order
- Regional And Local Development Planning: The Planning And Compulsory Purchase Act 2004 (Commencement No. 2) Transitional Provisions Savings Order 2004
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Compulsory Purchase - New Guidance
...... that a failure to attempt a voluntary purchase will not necessarily prevent Scottish Ministers from confirming a compulsory purchase order as long as the relevant authority can justify its approach. Paragraph 7 goes on to note that "Scottish Ministers do not expect the authority to ......
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Could Proposals On Compulsory Purchase Powers Raise New Concerns?
......If this is passed, the next step will be to issue an order to wind up the Forestry Commission as it currently exists in Scotland, and then put in place some form of collaborative cross-border arrangement with ......
- Chapter SDLTM22010
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Chapter SDLTM22005
...... following the making of acompulsory purchase order, in Northern Ireland a vesting order, for ...Once a compulsory purchase order is obtained the developer may ......
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Chapter CG72200
......Where the land acquired under a compulsory purchase order was only part of a holding of ......
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Chapter IHTM33071
...... IHTA84/S198 (1), the date of sale or purchase an interest in land for the purposes of this ... the sale is the result of a compulsory purchase order. (IHTM33091). In this case the ......