Grafton Group (UK) Plc & Anor v Secretary of State for Transport & Anor [2016] EWCA Civ 561 (21 June 2016)

Grafton Group (UK) Plc & Anor v Secretary of State for Transport & Anor [2016] EWCA Civ 561 (21 June 2016)

The court held that under s.24 of the Acquisition of Land Act 1981, the only remedy available upon a successful challenge to a CPO is to quash the whole order as made and confirmed; there is no power to quash only the confirmation. The Inspector's planning judgment was supported by sufficient evidence, but the confirmation of the CPO was unfair to the claimants as they were not given a fair opportunity to address the Inspector's reasoning. Therefore, the CPO was unlawfully confirmed and must be quashed in its entirety.

Citation
[2016] EWCA Civ 561
Parties
Claimant/respondent: Grafton Group (UK) PLC; Claimant/respondent: British Dredging Services Ltd; Defendant/first Appellant: Secretary of State for Transport; First Interested Party/second Appellant: Port London Authority; Interested Party: Aggregate Industries UK Ltd; Interested Party: London Concrete Ltd; Second Interested Party: David Wolfe QC; Third Interested Party: Rupert Warren QC
Jurisdiction
England and Wales
Judgment Date
21 June 2016
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (administrative Court)
Outcome
Appeal on Ground 2 (evidence) allowed; appeal on Ground 3 (unfairness) dismissed; CPO remains quashed in its entirety; further submissions on relief invited.
Legal Topics
Compulsory Purchase Orders, Judicial Review, Planning Permission, Statutory Interpretation, Procedural Fairness
Administrative Law Planning Law Compulsory Purchase Compulsory Purchase Orders Judicial Review Planning Permission Statutory Interpretation Procedural Fairness

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Parties

Grafton Group (UK) PLC

Claimant/respondent

British Dredging Services Ltd

Claimant/respondent

Secretary of State for Transport

Defendant/first Appellant

Port London Authority

First Interested Party/second Appellant

Aggregate Industries UK Ltd

Interested Party

London Concrete Ltd

Interested Party

David Wolfe QC

Second Interested Party

Rupert Warren QC

Third Interested Party

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether the court can quash only the confirmation of a compulsory purchase order (CPO) or must quash the entire order under s.24 of the Acquisition of Land Act 1981
  2. 2 Whether there was legally sufficient evidence to confirm the CPO on the basis adopted by the Inspector and Secretary of State
  3. 3 Whether the confirmation of the CPO was unfair to the claimants due to lack of opportunity to address the Inspector's reasoning

Ratio Decidendi

The court held that under s.24 of the Acquisition of Land Act 1981, the only remedy available upon a successful challenge to a CPO is to quash the whole order as made and confirmed; there is no power to quash only the confirmation. The Inspector's planning judgment was supported by sufficient evidence, but the confirmation of the CPO was unfair to the claimants as they were not given a fair opportunity to address the Inspector's reasoning. Therefore, the CPO was unlawfully confirmed and must be quashed in its entirety.

Court Disposition

Appeal on Ground 2 (evidence) allowed; appeal on Ground 3 (unfairness) dismissed; CPO remains quashed in its entirety; further submissions on relief invited.

Orders

  • CPO quashed in its entirety under s.24 of the Acquisition of Land Act 1981
  • Parties invited to make written submissions on relief