Cases - Greenwich LBC v Secretary of State for the Environment

Record details

Name

Greenwich LBC v Secretary of State for the Environment

Date

(1993)

Citation

Env LR 344

Legislation

• Wildlife and Countryside Act 1981
• Acquisition of Land Act 1981

Keywords

Planning and consents - CPO

Summary

In this case the Court had to interpret the meaning of the expression 'equally advantageous' in respect of replacement open space land. A CPO was made that included ancient woodland. Alternative land was provided and replacement new trees planted. It was estimated that it would take 15 years before the trees became established. During this time the public were to have restricted access. Notwithstanding this, the Court held that the secretary of state acted correctly if he was satisfied that on the date of exchange, the advantages that the exchange land would have in the future meant that it was equally advantageous to users of the order land and the public at large.

In other words, it is not necessary at the date of exchange for the new land to be exactly the same in appearance as the land that is the subject of the CPO.