Confirmed compulsory purchase order — Subject land also included in draft second compulsory purchase order — General vesting declaration including subject land — General vesting declaration depriving owners of rights to object to second order — Whether general vesting declaration subject to judicial review — Application dismissed
In August 1986 a compulsory purchase order, made by the respondents, was confirmed in respect, inter alia, of 0.53 acre of land owned by the first applicants and rented by the second applicants, Felinfoel Brewery Co Ltd, of a car park adjoining the Boars Head Hotel, Carmarthen. On October 11 1988 a draft compulsory purchase order was made by the respondents in respect of the same land, and an inquiry into objections to the second order was due to be held on June 28 1989.
On May 19 1989 the respondents published their intention to make a general vesting declaration, covering the subject land, under their powers contained in the first order. As the vesting of the subject land would deprive the applicants of any rights as statutory objectors to object to the second order, they applied for judicial review of the acquiring authority’s decision to make the declaration and sought an order of prohibition. The applicants submitted that intervening events since the inquiry into the first order now raised doubts as to the basis upon which the inspector at that inquiry had reached his recommendations, and they contended that the powers under that first order should not now be exercised.
Held The application was refused.
The provisions of the Compulsory Purchase Act 1965 shall apply as if, on the date on which a general vesting declaration was executed, a notice to treat had been served on every person on whom the acquiring authority could have served a notice: section 7 of the Compulsory Purchase (General Vesting Declarations) Act 1981.
It followed that the powers of the respondents may, by virtue of section 4 of the 1965 Act, be exercised within the statutory time-limit. The exercise of compulsory purchase powers is subject to the test in Simpson’s Motor Sales (London) Ltd v Hendon Corporation [1964] AC 1088; it is the making of a declaration “against good conscience”. Once a mandatory inquiry has been held, and an order confirmed, the inquiry is conclusive and there is no right to raise intervening matters. The applicants’ interests cannot prevail over the wider interests of others.
Hedley Marten (instructed by Evans Powell & Co, of Llanelli) appeared for the applicants; and Desmond St John Keane QC and Hugh Torrance (instructed by the solicitor to Carmarthen District Council) appeared for the respondents.
