The Manchester Ship Canal Company Ltd (claimant/appellant) v The Secretary of State for Environment, Food and Rural Affairs & anr (defendants/respondents)
Thursday 1 May 2025
By Appellant’s Notice submitted on 23 January 2023, this is an appeal against the decision of Mrs Justice Thornton, sitting in the administrative and Planning Court, dated 19 December 2022..
The Appellant, the owner, statutory undertaker and navigation authority for the Manchester Ship Canal, challenged the 1st Respondent’s decision to confirm the United Utilities Water Limited (Eccles Wastewater Treatment Works) Compulsory Purchase Order 2016 (CPO). The CPO authorises the sewerage undertaker for the North West of England, the 2nd Respondent, to compulsorily discharge water, soil and effluent from its sewers into the Manchester Ship Canal. The challenge is brought pursuant to section 23 Acquisition of Land Act 1981, which provides that a person aggrieved by a compulsory purchase order can apply to the court to question the validity of the order on the ground that there was no power to make it, or a relevant requirement has not been complied with.
The claim was dismissed, the judge finding that the terms of the Order struck a fair balance.
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