Cases - Proctor and Gamble Ltd v Secretary of State for the Environment

Record details

Name
Proctor and Gamble Ltd v Secretary of State for the Environment
Date
(1992)
Citation
63 P&CR 317
Keywords
Planning and consents - CPO
Summary

The Court of Appeal held in this case that a CPO made for one purpose could not lawfully be confirmed for another purpose, or for a purpose additional to that for which the order was made.

The Tyne and Wear Development Corporation had made a CPO for the purposes of 'regeneration' of a large area of land in an urban development area. Part of the land was required for the purposes of highway improvements, which was not expressly identified until objections were made by the local highway authority. However, the inspector concluded that the highway improvements were necessary to secure the regeneration of the area and this was accepted by the secretary of state. It was held that the statutory purpose for the making of the order was 'regeneration' and it did not matter that the precise use of the appellant's land was not that originally contemplated by the corporation.