‘Pursuant to its power under section 226(1)(a) of the Town and Country Planning Act 1990, the local planning authority made a compulsory purchase order in respect of land which included a well known market. The claimant and the market traders’ association objected and a public inquiry was held. The planning inspector recommended that the order not be confirmed. The Secretary of State issued a decision confirming the order, ostensibly giving reasons for departing from the inspector’s recommendation. The judge dismissed the claimant’s challenge to the validity of the order under section 23 of the Acquisition of Land Act 1981. The claimant and the association appealed on the grounds that the reasons given by the Secretary of State for departing from the inspector’s recommendation were inadequate and/or inadequately expressed.’
WLR Daily, 18th March 2016
Source: www.iclr.co.uk
