Land

Compulsorily acquired land - exception to general obligation to offer the land back to former owner or successors 'in very exceptional cases ...for strong and urgent reasons of public interest' - not connoting circumstances where life or limb at riskR v Secretary of State for the Environment Transport and the Regions, ex p.

Wheeler: BD (Forbes J): 20 June 2000

The Secretary of State decided to dispose of the land in Winchester, which had formed part of the former by-pass following compulsorily acquisition, to the local authority at full market value in order that the authority could build a park and ride car park, for which planning permission had been granted.He purported to act pursuant to r.14(2) of the non-statutory 'Crichel Down Rules' set out in the Guidelines 'Disposal of Surplus Government Land: Obligation to offer land back to Former Owners or their Successors' of 30 October 1992, under which such land could be disposed of to a local authority 'in very exceptional circumstances...for strong and urgent reasons of public interest.'The applicant, who used the land, sought judicial review of the Secretary of State's decision.Stephen Cragg (instructed by Earth Rights Solicitors, Takely) for the applicant.

John Litton (instructed by Treasury Solicitor) for the Secretary of State.Held, refusing the application, that in deciding whether the Secretary of State's decision was irrational or Wednesbury unreasonable it was helpful and appropriate to consider whether it was one which simply defied comprehension; that there was nothing to support the applicant's contention that life and limb would have to be at risk in order for the r.14(2) exception to the general obligation to offer the land back to its former owner to apply, although such a risk might be sufficient for a case to be very exceptional and be a strong and urgent public interest reason; and that the decision of the Secretary of State to dispose of the land pursuant to r.14(2) was not unreasonable, irrational or taken in bad faith.