CROSSRAIL PURCHASE NOTICE DECISION

The Secretary of State has refused to confirm a purchase notice served by landowner affected by Crossrail. The landowner held land which was to be acquired under the Crossrail Acts for use as railway sidings however it was not required until towards the end of 2013. The landowner, who had been refused permission to develop the land by reason of the Crossrail requirements, served a purchase notice. This was opposed by Transport for London. The Secretary of State concluded that notwithstanding the fact that possession would be taken in four years time there were reasonably beneficial uses to which the land could be put in the interim including use as allotments and as garden extension. Costs were, exceptionally, awarded against the landowner who served the notice. This decision is likely to be an important precedent for the use in future of purchase notices in respect of Crossrail and other large construction projects.

Douglas Edwards appeared for Transport for London, instructed by Judith Damerell and Peter Seabourn of Eversheds.