SQE1 sample questions

Question 85

A local authority has statutory power to compulsorily purchase land for the purpose of building residential houses and access roads to the houses. The local authority approves a development plan and intends to acquire the land needed for the development plan by way of compulsory purchase. The development plan includes a new housing estate and a large cinema and shopping complex, with a dual carriageway passing through the new housing estate to provide the necessary access.

A local resident, whose land would be compulsorily purchased under the development plan, wishes to bring judicial review proceedings against the local authority to challenge the development plan.

Which of the following best explains whether the local resident can bring judicial review proceedings?

A. He can do so because the facts suggest the local authority may have acted illegally.

B. He cannot do so because planning decisions are not subject to judicial review proceedings.

C. He can do so because the facts suggest the local authority’s actions may be procedurally unfair.

D. He cannot do so because proceedings cannot be brought by a single resident.

E. He cannot do so because the local authority is acting within its statutory powers.