Visit JCPCUKSC/2021/0120
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ENVIRONMENT/PLANNING
Secretary of State for Transport (Appellant) v Curzon Park Ltd and others (Respondents)
Case summary
Case ID
UKSC/2021/0120
Parties
Appellant(s)
Secretary of State for Transport
Respondent(s)
Curzon Park Ltd
Quintain City Park Gate Birmingham Ltd
Eastside Partnership Nominee Company Ltd
PMB General Partner Ltd
Birmingham City University
Birgmingham City Council
Issue
Did the Court of Appeal err in finding that when determining the development for which planning permission could reasonably have been expected to be granted in relation land, the decision maker is not entitled to take into account applications or decisions relating to other land arising from the compulsory acquisition of land for the same underlying scheme.
Facts
In 2018, the Secretary of State for Transport compulsorily acquired four contiguous sites for the construction of a new rail station in Birmingham. Each of the landowners applied to Birmingham City Council for a certificate of appropriate alternative development. The Council considered each of the applications in isolation. Appeals were lodged in respect of all four applications. The Upper Tribunal directed that it would determine a preliminary issue in all four appeals at a single hearing. Following judgment from the Upper Tribunal, the Secretary of State appealed to the Court of Appeal. The Secretary of State now seeks permission to appeal to the Supreme Court.
Date of issue
2 June 2021
Judgment appealed
Judgment details
Judgment date
10 August 2023
Neutral citation
[2023] UKSC 30
Judgment links
Judgment summary
8 November 2023
Appeal
Justices
Hearing dates
Full hearing
Start date
19 April 2023
End date
20 April 2023
Watch hearings
19 April 2023 - Morning session
19 April 2023 - Afternoon session
20 April 2023 - Morning session
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Change log
Last updated 16 April 2024