Fox v Secretary of State for the Environment
| Jurisdiction | England & Wales |
| Judgment Date | 25 June 1991 |
| Date | 25 June 1991 |
| Court | Queen's Bench Division |
Queen's Bench Division
Compulsory purchase - compensation - existing planning policies
When considering an appeal against the issue of a certificate under section 17(4) of the Land Compensation Act 1961, the Secretary of State for the Environment should have looked at the planning policies and circumstances existing at the time of the notice to treat, which preceded the issue of a certificate, rather than at the time of the appeal.
Mr Justice Roch so held in a reserved judgment in the Queen's Bench Division on May 24 quashing the secretary of state's decision that a certificate issued by the second respondents, Surrey Heath Borough Council, be cancelled and a certificate with altered terms be issued. The matter was remitted to the secretary of state for reconsideration.
MR JUSTICE ROCH said that the secretary of state had said that in considering the applicants' appeal he had had to have regard to the relevant planning policies current and reasonably foreseeable at the date of the appeal.
However, in the view of the court that was a misdirection. The decision in Jelson Ltd v Minister of Housing and Local GovernmentELR ([1970] 1 QB 243) had not been overruled by Grampian Regional Council v Secretary of State for ScotlandWLR (...
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