The owner of land at Sladlesham, Berkshire, has failed in a High Court challenge to the refusal of Wokingham District Council to comply with a land purchase notice.
Hudscott Estates (East) Ltd, which is in the process of selling other land in the area, issued the notice after the council refused planning permission to rebuild four cottages on the site at Sadlers Lane, Home Farm, Sladlesham. It maintained that the refusal of consent rendered the land incapable of reasonably beneficial use, as it could not be so used in its existing state.
The council, however, contended that the land was capable of beneficial use for agricultural purposes, such as animal grazing. The DETR backed that view and now the High Court has upheld its decision.
In his judgment, Silber J rejected Hudscotts argument that the Secretary of State had “deliberately and unlawfully” failed to take account of material considerations, namely the right to rebuild the cottages, in deciding the present status of the land.
And he said he could not be satisfied that the land was incapable of reasonably beneficial use.
Hudscott Estates (East) Ltd v Secretary of State for the Environment, Transport and the Regions and another Queens Bench Division (Silber J) 13 October 2000
David Woolley QC and Christian Zwart (instructed by LeBoeuf Lamb Greene & MacRae) appeared for the applicant; David Elvin QC (instructed by the Treasury Solicitor) appeared for the first defendant; the second defendant local authority did not appear and were not represented.
PLS News 17/10/00
