SECRETARY OF STATE QUASHES SECTION 17 CERTIFICATE FOR RESIDENTIAL, BUSINESS AND RETAIL USE AND ISSUES NEW CERTIFICATE FOR AMENITY SPACE

Following a public inquiry held in January and February 2011, the Secretary of State has allowed the appeal of the compensating authority, Devon County Council, made under section 18 of the Land Compensation Act 1961 and quashed the Certificate issued under section 17 by the local planning authority, North Devon District Council, for residential, business and retail uses on over 4 hectares of land at Anchorwood Bank, Barnstaple. The land was acquired by Devon County Council for the construction of the Barnstaple Western Bypass Bridge. The Secretary of State issued a new certificate in the terms sought by the appellant, certifying amenity space use in respect of the main area of land.

Andrew Tait QC appeared for the successful compensating authority, Devon County Council