Cases - CD Brinklow and Croft Brothers (London) v Secretary of State for the Environment
Record details
- Name
- CD Brinklow and Croft Brothers (London) v Secretary of State for the Environment
- Date
- (1976)
- Citation
- 241 EG 461
- Keywords
- Planning and consents - CPO
- Summary
-
This case concerned an allegation by a claimant that the Council's real motive for making a CPO was to displace the uses on the site, rather than provide housing on the site. The secretary of state considered that the question of relocation of the displaced uses was irrelevant to his decision. The Court quashed the secretary of state's decision on the basis that the issue regarding the relocation of the displaced uses was a relevant consideration and should have been considered. The weight to be given to that issue was, however, a matter for the secretary of state.
It follows therefore that where a CPO is made on land where businesses are operating, the question of whether there are alternative sites for relocation of these businesses will be a relevant consideration.