Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Application for costs protection refused regarding compulsory purchase order for greenway project
|
or click here to request site subscription to search and view all judgments |
The High Court refused an application by a landowner seeking costs protection for judicial review proceedings challenging the confirmation of a compulsory purchase order (CPO) for a greenway development. The applicant argued that the CPO was fundamentally different from the original development consent, primarily because of the shift from permissive to compulsory acquisition, and contended that fresh environmental assessments were required. The court found that the CPO simply enabled the implementation of an already authorised development and did not constitute a new or multi-stage development consent. As a result, the applicant was not entitled to costs protection under the cited statutory provisions, as the relevant legal thresholds were not met.
costs protection – compulsory purchase order (CPO) – greenway project – planning consent – judicial review – Environmental Impact Assessment Directive – Habitats Directive – Planning and Development Act 2000 – Environment (Miscellaneous Provisions) Act 2011 – Legal Services Regulation Act 2015 – section 50B – multi-stage development consent – environmental law – public participation – statutory interpretation – relief refused
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
