Doncaster Sheffield-3
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We have also spoken to existing airline and commercial operators who use DSA who have said that they would remain if Peel reversed the closure.
There is also considerable interest from new airlines, freight and other aviation industries that would like to use and invest in the airport and would do if Peel would end this uncertainty and negotiate.
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Airlines now have contracts in place at other airports. How easy is it for them to scarp it and move back, along with messing customers around / rebooks. I believe its a dead duck.
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I'm surprised its an option, but it sounds like communications are open. Perhaps there is some life support for this duck. We will see.
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How does that work? JR is about administrative action by government or public authorities. Is a decision by a commercial operator to close a facility susceptible to JR?
IANAL but I cannot see how JR could be used to change the position.
The final line there refers to Judicial Review (JR) of Peel's decision to close.
How does that work? JR is about administrative action by government or public authorities. Is a decision by a commercial operator to close a facility susceptible to JR?
IANAL but I cannot see how JR could be used to change the position.
How does that work? JR is about administrative action by government or public authorities. Is a decision by a commercial operator to close a facility susceptible to JR?
IANAL but I cannot see how JR could be used to change the position.
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I think everyone knows it's the last chance saloon. And that chance is slim.
I agree with the comment on Judicial Review. She made herself look a little silly there.
I agree with the comment on Judicial Review. She made herself look a little silly there.
Judicial Review, she mentions investigation of possibility of it. Presumably along the lines of the airport is potentially considered a ‘public body’ as its contracted to be available for NPAS/Coastguard Oil Spill and other 24/7/365 Govt requirements. Manston didn’t have those taskings.
Presumably along the lines of the airport is potentially considered a ‘public body’ as its contracted to be available for NPAS/Coastguard Oil Spill and other 24/7/365 Govt requirements.
Read the bit where they’re investigating the possibility of seeing if a JR could be undertaken
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If you read what she said, she said they were prepared to instigate a compulsory purchase order. That doesn’t sound like an eternal optimist clutching at straws, especially if they have credible backers interested in the site for aviation.
Judicial Review, she mentions investigation of possibility of it. Presumably along the lines of the airport is potentially considered a ‘public body’ as its contracted to be available for NPAS/Coastguard Oil Spill and other 24/7/365 Govt requirements. Manston didn’t have those taskings.
Judicial Review, she mentions investigation of possibility of it. Presumably along the lines of the airport is potentially considered a ‘public body’ as its contracted to be available for NPAS/Coastguard Oil Spill and other 24/7/365 Govt requirements. Manston didn’t have those taskings.
While they’re still in talks, according to the mayor’s piece, I can’t see the benefit of starting the cpo. Who sets the price for an ‘thing’ subject to a cpo? And how is the price set? Anyone know?
14. The overriding principle of compulsory purchase compensation is ‘equivalence’. This is the principle that people whose land is acquired compulsorily should be left neither better nor worse off financially as a result of their land being acquired – being entitled to compensation which is neither more nor less than the value of their loss.
Market value
Market value
24. The law specifies that the compensation to be paid where land is compulsorily acquired shall reflect what that land might be expected to realise if it were sold in the open market by a willing seller at the valuation date. In other words, compensation is based on the market value of the land which is to be acquired.
25. However, the assessment of compensation ignores any increase or decrease in value caused by the acquiring authority’s proposed scheme (e.g. regeneration project, new road, railway line etc) or the prospect of that scheme. This is known as the ‘no scheme principle’. The basic premise is that compensation should reflect what your land would be worth if the scheme to which the CPO relates did not exist (i.e. in the ‘no scheme world’).
26. The acquiring authority will normally appoint a chartered surveyor to undertake the estimate of the market value. You may appoint a surveyor to carry out your own assessment and to negotiate with the acquiring authority on your behalf.
25. However, the assessment of compensation ignores any increase or decrease in value caused by the acquiring authority’s proposed scheme (e.g. regeneration project, new road, railway line etc) or the prospect of that scheme. This is known as the ‘no scheme principle’. The basic premise is that compensation should reflect what your land would be worth if the scheme to which the CPO relates did not exist (i.e. in the ‘no scheme world’).
26. The acquiring authority will normally appoint a chartered surveyor to undertake the estimate of the market value. You may appoint a surveyor to carry out your own assessment and to negotiate with the acquiring authority on your behalf.
Land with development potential
27. The market value of land may reflect what it is worth in its existing use (‘existing use value’). However, the market value of land may in some cases be affected by:- its development potential, taking account of:
- existing planning permission(s) for an alternative use or development
- the prospect of obtaining planning permission for an alternative use or development (‘hope value’)
- existing planning permission(s) for an alternative use or development
- its ability to unlock the development potential of an adjoining site by, for example, providing the only possible access to it (‘ransom value’)
- the extent to which, if combined with one or more other land interests, it would be worth more than the sum of their individual values (‘marriage value’)
https://www.gov.uk/guidance/compulso...-and-occupiers
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CPO! Kerrrching! With that level of debt to purchase the airport, it'll never make a profit! Would require an act of parliament to purchase. How does that fit in with private investment? Local authorities would have to take out loans. Can of worms.
