Compulsory purchase order — Construction of bypass — Secretary of state confirming order — Whether secretary of state required to enquire as to whether planning permission for bypass current — Whether requirement to consult on question of bypass permission — Claim dismissed
The first defendant secretary of state confirmed a compulsory purchase order made by the second defendant council in respect of the construction of a bypass, for which planning permission had previously been granted. The claimant opposed the bypass, primarily on grounds of loss of public open space. He was one of several petitioners who had presented objections at a hearing before a joint parliamentary committee. Following confirmation of the order, he brought proceedings, under section 23 of the Acquisition of Land Act 1981, challenging the first defendant’s decision.
The claimant contended that the first defendant: (i) had taken an irrational approach when considering the provision of additional open space; (ii) should not have rendered the order operative without first satisfying himself planning permission for the bypass had been, or remained capable of being, implemented; and (iii) should have consulted the petitioners with regard to the planning permission. He argued that had the first defendant enquired as to the status of the planning permission, he would have concluded that it had lapsed because the development carried out under it did not comply with its terms.
