The Supreme Court this week heard over two days the appeal of the Secretary of State for Transport arising from the acquisition of land interests in Birmingham for the delivery of the new HS2 railway terminus. The Respondents were the four affected land owners. The specific issue concerns whether in determining a Certificate of Alternative Appropriate Development (“CAAD”) in relation to a particular site the decision-maker may take into account the development of the other adjoining sites where that development is proposed as appropriate alternative development in other CAAD applications or decisions arising from the HS2 scheme. CAADs have been applied for in relation to each site. The Court of Appeal concluded that the decision-maker could not. The appeal involves detailed consideration of the scope and effect of the ‘Cancellation Assumption’ contained within section 14 of the Land Compensation Act 1961 – for the first time since the legislation was amended by the Localism Act 2011.
David Elvin KC and Richard Moules represented the Second Respondent (Quintain City Park Gate Birmingham Limited), instructed by Bryan Cave Leighton Paisner LLP, and the Third Respondent (The Eastside Partnership Nominee Company Limited), instructed by Ashurst LLP.
The Supreme Court's page covering this case may be accessed here.