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.