Charlesworth, R (On the Application Of) v Crossrail Ltd

Charlesworth, R (On the Application Of) v Crossrail Ltd

The assumption in rule 7 of the Crichel Down rules applies where compulsory purchase powers exist, unless the land was offered for sale before negotiations for acquisition. B55 did not offer the land for sale before negotiations with TfL, so the assumption applies. Both B55 and Mr Charlesworth had Qualifying Interests, and the policy was properly and fairly applied. The appeal is dismissed.

Parties
Appellant: Daniel Charlesworth; Respondent: Crossrail Limited; Interested Party: Berkeley Fifty-Five Limited
Jurisdiction
England and Wales
Judgment Date
03 July 2019
Procedural Posture
Judicial Review / Appeal From Administrative Court
Outcome
Appeal dismissed
Legal Topics
Crichel Down Rules, Qualifying Interest, Land Disposal Policy, Right of First Refusal
Compulsory Acquisition Administrative Law Land Law Crichel Down Rules Qualifying Interest Land Disposal Policy Right of First Refusal

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Parties

Daniel Charlesworth

Appellant

Crossrail Limited

Respondent

Berkeley Fifty-Five Limited

Interested Party

Procedural Posture

Judicial Review / Appeal From Administrative Court

Legal Issues

  1. 1 Whether Berkeley Fifty-Five Limited had a Qualifying Interest under the Crichel Down rules and Policy C10 entitling Crossrail to sell the land on the open market rather than offering it back to Mr Charlesworth at market value.

Ratio Decidendi

The assumption in rule 7 of the Crichel Down rules applies where compulsory purchase powers exist, unless the land was offered for sale before negotiations for acquisition. B55 did not offer the land for sale before negotiations with TfL, so the assumption applies. Both B55 and Mr Charlesworth had Qualifying Interests, and the policy was properly and fairly applied. The appeal is dismissed.

Court Disposition

Appeal dismissed