Coleen Props v. Minister of Housing and Local Government [1971]

Local authority wished to
acquire certain building as part of redevelopment scheme.
Inspector held public local
inquiry and inspected premises.
His report to Minister opined
that its acquisition was unnecessary for satisfactory development of area.
However Minister made
decision that building was land ‘the
acquisition of which is reasonably necessary for the satisfactory development
or use’ of a clearance area under Housing Act 1957.
Owners of building wanted to
get decision quashed.
Lord Denning in Court of
Appeal noted that objectors had called in a qualified surveyor whereas the
council had not.
Held Minister was wrong to
reverse the inspector’s recommendation.
Minister had before him only
report of Inspector, and there was no material on which Minister could properly
overrule Inspector’s recommendation.
Local authority ought to have
produced some evidence to Inspector to show how acquisition is ‘reasonably
necessary’
Court would intervene and
overrule Minister.