Litigation Recent Decisions 19/8/97

Secretary of State's decision to grant a CPO upheld

(1) Chesterfield Properties plc (2) Kwik Save Group v (1) Secretary of State for the Environment (2) Secretary of State for Transport (3) Stockton-on-Tees Borough Council (1997)

Court: QBD (Laws J) 24/7/9Appearances: Timothy Straker QC for the first appellant. Anthony Dinkin QC for the second appellant. David Holgate QC for the first and second respondents.

Summary: Whether, under s.226(1)(a) of the Town and Country Planning Act 1990, or as a matter of discretion, the Secretary of State could lawfully authorise compulsory purchase order if he was not satisfied that development to which it related would probably be carried out.