§ Sir John StanleyTo ask the Secretary of State for Transport, pursuant to his oral statement of 16 January,Official Report, column 550, on the Channel Tunnel Rail Link Bill, if he will give the date, the parties and a summary of the judgment in the Court of Appeal decision referred to.
§ Mr. Watts[holding answer 9 February 1995]: The Court of Appeal judgment to which I referred was given on 30 June 1994 in the case of the Secretary of State for Transport v. Colonel Owen and Barbara Owen. The judgment required the Secretary of State to redetermine the discretionary purchase application made by Colonel Owen, whose property lies near the proposed Cirencester bypass. In the light of the judgment, the Department is required to take into account loss in value of properly attributable to a proposed scheme when assessing whether the applicant's enjoyment of the property is seriously affected within the meaning of the statutory provision and therefore whether it falls to be considered for discretionary purchase.