Planning permission — Construction of bypass — Land compulsorily purchased — Secretary of state making operative confirmed compulsory purchase order — Whether necessary to enquire whether planning permission for bypass extant — Whether planning permission extant when order operative — Appeal dismissed
In October 2004, the first respondent made operative a compulsory purchase order (CPO) made by the second respondent council in respect of the construction of a bypass, for which planning permission had been granted in 1997. The CPO was made in order to facilitate the acquisition of land required for the bypass together with an area of land to replace a public open space that was to be lost to the new road.
The appellant opposed the bypass, primarily on grounds of loss of public open space, and had given evidence before a joint parliamentary committee. The committee amended the order before it was made operative. The appellant subsequently challenged the first respondent’s decision under section 23 of the Acquisition of Land Act 1981. He contended, inter alia, that the first respondent: (i) should not have rendered the order operative without first satisfying himself that planning permission for the bypass had been, or could be, implemented; and (ii) alternatively, if and to the extent that he had concluded that the permission for the bypass remained extant, he had erred in law.
