Michael, R (on the application of) v Secretary of State for Communities and Local Government & Anor

Michael, R (on the application of) v Secretary of State for Communities and Local Government & Anor

The Secretary of State's confirmation of the compulsory purchase order was lawful and reasonable, as statutory procedures were followed, the claimant failed to challenge the stopping up order within the prescribed period, and there was no evidence of a viable alternative redevelopment scheme.

Parties
Claimant: Michael Michael; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Salford City Council
Jurisdiction
England and Wales
Judgment Date
03 October 2008
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review refused
Legal Topics
Compulsory Purchase Order, Judicial Review, Planning Permission, Stopping Up Order
Administrative Law Property Law Compulsory Purchase Order Judicial Review Planning Permission Stopping Up Order

Case Brief

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Parties

Michael Michael

Claimant

Secretary of State for Communities and Local Government

First Defendant

Salford City Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State's confirmation of the compulsory purchase order was lawful and reasonable
  2. 2 Whether proper notification and statutory procedures were followed regarding planning permission and stopping up order
  3. 3 Whether the claimant had a viable alternative scheme for redevelopment

Ratio Decidendi

The Secretary of State's confirmation of the compulsory purchase order was lawful and reasonable, as statutory procedures were followed, the claimant failed to challenge the stopping up order within the prescribed period, and there was no evidence of a viable alternative redevelopment scheme.

Court Disposition

Application for judicial review refused

Orders

  • Application for judicial review is dismissed
  • Any application for costs to be made in writing with notice to the claimant