The court referred to the extent of interest in land required by caravan dwellers to support payment of compensation on the issue of enforcement notice.
Held: Salmon LJ said: ‘I agree that the interest referred to in section 45(3)(b) is confined to a legal or equitable interest and does not include an interest in the loose or colloquial sense of someone being interested in the land.’ Stamp LJ, (dissenting), said that the caravan dwellers had no legal or equitable interest in the land itself or any part of it.
Judges:
Salmon LJ, Stamp LJ, Edmund Davies LJ
Citations:
[1972] 1 Ch 400
Statutes:
Town and Country Planning Act 1962 45(3)(b)
Jurisdiction:
England and Wales
Citing:
Cited – Madrassa Anjuman Islamia of Kholwad v Municipal Council of Johan-Nesburg PC 1922
‘The word ‘occupy’ is a word of uncertain meaning. Sometimes it denotes legal possession in the technical sense, . . At other times ‘occupation’ denotes nothing more than physical presence in a place for a substantial period of time, . . Its precise . .
Cited by:
Distinguished – International Traders Ferry Ltd v Adur District Council CA 26-Feb-2004
The council served a stop notice. The company sought compensation. The council replied that the company had no legal or equitable interest in the land affected.
Held: The company had occupied the land under a licence. A contractual licensee on . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 29 April 2022; Ref: scu.194774
