Norris v The First Secretary of State & Anor

Norris v The First Secretary of State & Anor

The Secretary of State did not take into account any irrelevant considerations in his comparative analysis of alternative sites for public open space. Practical deliverability, development potential, and cost were relevant to the statutory criteria. The Secretary of State was not required to inquire into or consult on the status of the by-pass planning permission as no issue had been raised and it was not material to the decision to make the order operative. All grounds of challenge fail.

Parties
Claimant: Ian Norris; First Defendant: The First Secretary of State; Second Defendant: Stoke on Trent City Council
Jurisdiction
England and Wales
Judgment Date
13 May 2005
Procedural Posture
Section 23 Application Under the Acquisition of Land Act 1981 / High Court Judgment
Outcome
Application dismissed
Legal Topics
Compulsory Purchase Orders, Public Open Space, Judicial Review, Planning Permission, Statutory Orders (special Procedure) Act 1945
Administrative Law Planning Law Compulsory Purchase Compulsory Purchase Orders Public Open Space Judicial Review Planning Permission Statutory Orders (special Procedure) Act 1945

Case Brief

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Parties

Ian Norris

Claimant

The First Secretary of State

First Defendant

Stoke on Trent City Council

Second Defendant

Procedural Posture

Section 23 Application Under the Acquisition of Land Act 1981 / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State took into account irrelevant considerations in making the compulsory purchase order operative (Rationality Challenge)
  2. 2 Whether the Secretary of State erred in law regarding the status of the by-pass planning permission (By-pass Planning Permission Challenge)
  3. 3 Whether the Secretary of State failed to consult petitioners on the status of planning permission (Consultation Challenge)

Ratio Decidendi

The Secretary of State did not take into account any irrelevant considerations in his comparative analysis of alternative sites for public open space. Practical deliverability, development potential, and cost were relevant to the statutory criteria. The Secretary of State was not required to inquire into or consult on the status of the by-pass planning permission as no issue had been raised and it was not material to the decision to make the order operative. All grounds of challenge fail.

Court Disposition

Application dismissed