Guidance for S17 applications and S18 appeals

Relevant date for appraisal of applications and appeals

5. There are three main issues in reaching a decision on any application or appeal-




• the physical considerations-that is, the state of the appeal land and the area in which it is situated;



• the current and reasonably foreseeable planning policies; and



• identifying and disregarding the planning consequences of the acquisition scheme and the underlying public purpose for it.

Following the judgement of the House of Lords in Fletcher Estates (Harlescott) Ltd -v- the Secretary of State for the Environment and the Secretary of State for Transport and The Executors of J V Longmore -v- the Secretary of State for the Environment and the Secretary of State for Transport [Times Law Report, 23 February 2000], the National Assembly takes the view that all these issues must be considered at the date when the interest in land is proposed to be acquired by an authority with compulsory purchase powers. That event is specified in section 22(2) of the 1961 Act, so the relevant date will always be one of the following-

1. acquisition by private or hybrid Parliamentary Bill-the date on which notice of the proposal to acquire the land was served in accordance with the requirements of the relevant Standing Order of either House of Parliament; or



2. acquisition by compulsory purchase order-the date of notice of making of the order (or date of publication of the draft compulsory purchase order, if the acquiring authority is a Government Department); or



3. acquisition by blight notice or a purchase notice-the date on which "notice to treat" is deemed to have been served; or



4. acquisition by agreement- the date of the written offer by the acquiring authority to negotiate for the purchase of the land.

For the third issue the consequences of the scheme underlying the acquisition should be discounted as they stood at the section 22(2) date, as if the scheme had been cancelled at that date. And if the method of acquisition changes during the life of the scheme, the relevant date is that of the earliest section 22(2)(a) event.

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