Hall & Anor v The First Secretary of State & Anor [2007] EWCA Civ 612 (28 June 2007)

Hall & Anor v The First Secretary of State & Anor [2007] EWCA Civ 612 (28 June 2007)

The Secretary of State was entitled to conclude, on the material before him, that the compulsory purchase order was necessary to achieve the planning objectives for the area, and had adequately considered alternatives; the decision was neither unfair nor irrational.

Citation
[2007] EWCA Civ 612
Parties
Appellant: 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
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Compulsory Acquisition, Green Belt Policy, Public Interest, Section 106 Agreements, European Convention on Human Rights
Compulsory Purchase Planning Law Human Rights Compulsory Acquisition Green Belt Policy Public Interest Section 106 Agreements European Convention on Human Rights

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hall & Anr

Appellant

The First Secretary of State

1st Respondent

The London Borough of Hillingdon

2nd Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Secretary of State adequately considered less intrusive means to achieve the objectives of the compulsory purchase order without depriving the appellants of their land

Ratio Decidendi

The Secretary of State was entitled to conclude, on the material before him, that the compulsory purchase order was necessary to achieve the planning objectives for the area, and had adequately considered alternatives; the decision was neither unfair nor irrational.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; compulsory purchase order stands.