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Legal Report - Viability comes to fore in site acquisition decisions

Planning, 19 September 2008

Until recently, objectors to compulsory purchase orders (CPOs) made under section 226(1) of the Town and Country Planning Act 1990 seldom succeeded with arguments questioning the validity of the scheme underlying the order.

In the leading case, Chesterfield Properties v Secretary of State for the Environment [1993], the High Court refused to accept arguments that the secretary of state had acted unlawfully in confirming a...