On 19 December 2022, the Lands Chamber of the Upper Tribunal upheld an appeal made by the Secretary of State for Transport (on behalf of HS2 Ltd) under section 18 of the Land Compensation Act 1961 against a certificate of appropriate alternative development (CAAD) issued by LB Ealing for residential development in an area designated as Strategic Industrial Land in Park Royal: Secretary of State for Transport v Bleep UK plc and others [2022] UKUT 331 (LC). In doing so, it cancelled the certificate that was issued by LB Ealing for a 19 storey scheme with 116 residential units. It also rejected the respondents’ application for an even larger scheme of up to 26 storeys with 157 residential units.
 
Instead, the existing CAAD has been replaced by the certificate proposed by the appellant, being a mixed use scheme of up to 10 storeys, with B1 commercial and A3 ground floor uses.

Andrew Tait KC and Esther Drabkin-Reiter appeared for the appellant, the Secretary of State for Transport, instructed by Michelle Moss of Eversheds Sutherland.