EG and Costar quote Richard Flenley on the recent Supreme Court ruling on HS2 compulsory purchases
The Supreme Court has upheld a government appeal that challenges the current approach to compensating landowners when their sites are bought by the state or local authorities, in a test-case decision.
Richard Flenley, Partner, comments for EG and Costar on the decision:
"This will come as a blow to the landowners, as the Supreme Court confirms that all four applications for certificates of alternative appropriate development should be capable of being taken into account by the decision makers when deciding what should be the extent and nature of alternative appropriate development for the respective sites. This could have far reaching consequences not only in respect of HS2 but other compulsory acquisition schemes.
"This will come as a relief to HS2 as compensation for landowners may well be reduced, with doubt now being cast as to what the outcome of the Upper Tribunal’s review of the alternative appropriate development applications will be. This comes at the same time that the government is seeking to review and potentially reform the current system for compensation for the compulsory acquisition of land.
"This case challenges the current approach that is taken when assessing development potential of land subject to compulsory acquisition, and we will now await to see if the decision will lead to any legislative change in this area of compensation and planning law."
Related coverage:
Local Government Lawyer, New Civil Engineer, Building, Planning Resource, Property Week
