A landowner affected by a compulsory purchase order challenged the making of a general vesting declaration (GVD). A GVD is one mechanism by which an acquiring authority obtains title to land which has been included in a confirmed compulsory purchase order (CPO).

In confirming a CPO, the Secretary of State must be satisfied that the purpose for which the CPO is obtained is within the relevant power. In this case, the CPO was made under section 226(1) of the Town and Country Planning Act.

The court held that the development by which the CPO purpose was to be achieved did not have to be carried out by a particular developer. While the development was within the justification for the CPO and that scheme was still viable, the making of a GVD was not unreasonable even where the original developer was no longer involved in the project and the project funding had been lost. The purpose of the CPO was to provide a mixed use development in the centre of Newport and that remained the aim of the development.

R (Iceland Foods Ltd) v Newport City Council [2010] EWHC 2502