Hall & Anor v The First Secretary of State & Anor

Hall & Anor v The First Secretary of State & Anor

The Secretary of State was entitled to conclude, on the material before him, that compulsory acquisition of the appellants’ land was necessary to achieve the planning objectives for the area. There was no viable alternative before the inquiry, and the process was neither unfair nor irrational.

Parties
Appellants: Hall & Anr; 1st Respondent: The First Secretary of State; 2nd Respondent: The London Borough of Hillingdon
Jurisdiction
England and Wales
Judgment Date
28 June 2007
Procedural Posture
Civil Appeal / Appeal From Administrative Court (qbd) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Compulsory Purchase, Green Belt Policy, Judicial Review, Article 1 Protocol 1 ECHR
Administrative Law Planning Law Human Rights Compulsory Purchase Green Belt Policy Judicial Review Article 1 Protocol 1 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hall & Anr

Appellants

The First Secretary of State

1st Respondent

The London Borough of Hillingdon

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From Administrative Court (qbd) to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State adequately considered less intrusive means than compulsory acquisition to achieve planning objectives
  2. 2 Whether there was a compelling case in the public interest for compulsory acquisition of the appellants' land

Ratio Decidendi

The Secretary of State was entitled to conclude, on the material before him, that compulsory acquisition of the appellants’ land was necessary to achieve the planning objectives for the area. There was no viable alternative before the inquiry, and the process was neither unfair nor irrational.

Court Disposition

Appeal dismissed