Norris v First Secretary of State & Anor

Norris v First Secretary of State & Anor

The Secretary of State was not required to consider the extant status of the by-pass planning permission before making the Compulsory Purchase Order operative. The only relevant issue was whether the legal agreements to deliver the exchange land were in place. The status of the planning permission was not a condition precedent to the lawful making of the Order operative. Any challenge to the commencement of development should have been brought promptly and is now out of time.

Parties
Appellant: Ian Norris; 1st Respondent: First Secretary of State; 2nd Respondent: Stoke on Trent City Council
Jurisdiction
England and Wales
Judgment Date
19 January 2006
Procedural Posture
Civil Appeal / Appeal From Administrative Court (queen’s Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Compulsory Purchase Orders, Planning Permission, Judicial Review, Public Consultation, Statutory Interpretation
Administrative Law Planning Law Compulsory Purchase Compulsory Purchase Orders Planning Permission Judicial Review Public Consultation Statutory Interpretation

Case Brief

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Parties

Ian Norris

Appellant

First Secretary of State

1st Respondent

Stoke on Trent City Council

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From Administrative Court (queen’s Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State erred in law by making the Compulsory Purchase Order operative without satisfying himself that the planning permission for the by-pass was extant
  2. 2 Whether the Secretary of State was obliged to consult interested parties on the status of the planning permission before making the Order operative

Ratio Decidendi

The Secretary of State was not required to consider the extant status of the by-pass planning permission before making the Compulsory Purchase Order operative. The only relevant issue was whether the legal agreements to deliver the exchange land were in place. The status of the planning permission was not a condition precedent to the lawful making of the Order operative. Any challenge to the commencement of development should have been brought promptly and is now out of time.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.