The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory. Held: The claim failed. ‘usually a change of use of a building to a dwelling will cause less immediate environmental damage than the … Continue reading Wilson v Wychavon District Council and Another: Admn 20 Dec 2005
The applicants challenged permission granted to erect mobile phone masts, saying that the operators should have made application to the County Court. Held: the provisions referred to allowed the company to follow a county court procedure where they wanted to impose a mast. The provisions did not impose any obligation on the company to follow … Continue reading St Leger-Davey and Another v First Secretary of State and others: CA 1 Dec 2004
Citations:  EWCA Civ 597,  WLR(D) 258 Links: Bailii, WLRD Statutes: Planning and Compulsory Purchase Act 2004 Jurisdiction: England and Wales Planning Updated: 23 June 2022; Ref: scu.549102
The compensation which was payable for disturbance, when works were carried out on land acquired compulsorily, did not extend to the damage caused by noise dust and vibration arising from the works. Where however damage could be brought within the section, it did not cease to be recoverable because the interruption was only temporary. Lord … Continue reading Wildtree Hotels Ltd and others v Harrow London Borough Council: HL 22 Jun 2000
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year … Continue reading Suffolk Coastal District Council v Hopkins Homes Ltd and Another: SC 10 May 2017
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development contributing funds locally, and that such was not capable of being … Continue reading Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019
Pyx Granite had the right to quarry in two areas of the Malvern Hills. The company required permission to break fresh surface on one of the sites. Held: Conditions attached to the planning permission relating to such matters as the times when machinery for crushing the stone could be used and the control of dust … Continue reading Pyx Granite Co Ltd v Minister of Housing and Local Government: CA 1958
Land suitable for construction of a reservoir was the subject of a compulsory purchase for that purpose. The circumstances made it very unlikely that anyone other than the Water Board would have wanted, or been able, to construct the reservoir and exploit the water collected in it. In these circumstances, and bearing in mind the … Continue reading In re Lucas and Chesterfield Gas and Water Board: CA 1909
The court considered the market value of a private residence. The evidence was that its value to persons wishing to use it as a private residence was 750 pounds. However, the house adjoined a nurses’ home the trustees of which wanted to extend their premises and they purchased it for 1000 pounds. The trustees would … Continue reading Inland Revenue Commissioners v Clay: CA 1914
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Citations:  EWHC 1202 (Admin),  WLR(D) 320 Links: Bailii, WLRD Statutes: Greater London Authority Act 1999 334, Planning and Compulsory Purchase Act 2004 38(6) Jurisdiction: England and Wales Planning Updated: 23 April 2022; Ref: scu.618116
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR. Held: The Secretary’s appeal succeeded. Section 6 of the 1998 Act permitted the discrimination as … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005
The court consiered whether, in its order granting relief in these proceedings, the court below exceeded the scope of the remedies provided for in section 113 of the Planning and Compulsory Purchase Act 2004 in challenges to the adoption of a local plan. Laws, Lindblom LJJ  EWCA Civ 1007 Bailii Planning and Compulsory Purchase … Continue reading Woodfield v JJ Gallagher Ltd and Others: CA 12 Oct 2016
Gilbart J  EWHC 1173 (Admin) Bailii Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004, Planning (Listed Buildings and Conservation Areas) Act 1990 Planning Updated: 16 January 2022; Ref: scu.564654
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Challenge to adoption of planning policy. Patterson J DBE  EWHC 290 (Admin) Bailii Planning and Compulsory Purchase Act 2004 England and Wales Planning Updated: 10 January 2022; Ref: scu.560246
Application to quash local plan alleging: ‘ (1) the planning inspector appointed to conduct the examination into the local plan erred in failing to determine whether the Council’s sustainability appraisal complied with the relevant legal and procedural requirements; (2) the sustainability appraisal and the process of consideration of alternatives by the Council and the planning … Continue reading IM Properties Development Ltd v Lichfield District Council and Others: Admn 20 Jul 2015
Jay J  EWHC 1078 (Admin) Bailii Planning and Compulsory Purchase Act 2004 113 England and Wales Planning Updated: 29 December 2021; Ref: scu.545689
Challenge to lawfulness of the public consultation undertaken by a local planning authority when preparing a development plan document under the provisions for plan-making in the 2004 Act. Lindblom J  EWHC 3866 (Admin) Bailii Planning and Compulsory Purchase Act 2004 England and Wales Planning Updated: 24 December 2021; Ref: scu.540474
The Claimants apply to quash the decision of the Defendant, the Mayor of London, to publish certain Revised Early Minor Alterations (‘REMA’) to the London Plan on 11th October 2013, under section 113(3) of the Planning and Compulsory Purchase Act 2004 (‘PCPA 2004’), on the grounds that the Defendant exceeded his powers. The Honourable Mrs … Continue reading London Borough of Islington and Others v The Mayor of London: Admn 25 Mar 2014
The House endorsed the practice of imposing negative conditions in planning consents, upholding the validity of a condition that the development of the site could not commence until the road on the western boundary of the site had been closed by a road closure order which the Secretary of State would have to confirm which … Continue reading Grampian Regional Council v Secretary of State for Scotland: HL 1983
The claimant challenged the decision of the respondent authorities to put the draft Tattenhall Neighbourhood Plan to a referendum Supperstone J  EWHC 1470 (Admin) Bailii Planning and Compulsory Purchase Act 2004 36 England and Wales Local Government, Planning Updated: 03 December 2021; Ref: scu.525143
Challenge to proposed Core Strategy within development plan. Ockleton VP UT  EWHC 102 (Admin) Bailii Planning and Compulsory Purchase Act 2004 113 Planning Updated: 29 November 2021; Ref: scu.521403
Objectors sought to quash the respondents core planning strategy, saying that it would damage the particular character of the town and horseracing inustry based there. They alleged a failure to carry out a proper strategic environmental assessment and that since some elements had only been published after the consultation, some consultees had not been given … Continue reading Save Historic Newmarket Ltd and Others v Forest Heath District Council and Others: Admn 25 Mar 2011
Principles for Proprietary Estoppel A developer claimed to have agreed that upon obtaining necessary planning permissions for land belonging to the respondents, he would purchase the land at a price reflecting its new value. The defendant denied that any legally enforceable agreement existed. Claims were made for a constructive trust, proprietary estoppel and restitution. Held: … Continue reading Cobbe v Yeomans Row Management Ltd and Others: ChD 25 Feb 2005
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was not democratically accountable. Held: Reviews could be contracted out. The court could ‘not see that … Continue reading Heald and Others v London Borough of Brent: CA 20 Aug 2009
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011
The court considered whether an inspector deciding an appeal against a refusal of planning permission failed to discharge the duty, under section 38(6) of the Planning and Compulsory Purchase Act 2004, to make the decision in accordance with the development plan unless material considerations indicated otherwise. Lord Dyson MR, Macur, Lindblom LJJ  EWCA Civ … Continue reading Secretary of State for Communities and Local Government v BDW Trading Ltd (T/A David Wilson Homes (Central, Mercia and West Midlands)): CA 27 May 2016
The respondent had circularised local authorities to say that when assessing future local housing needs a proper material consideration was the proposed Localism Bill which would lead to the replacement of ‘Regional Spatial Strategies’ on which such decisions would presently rest. The claimant appealed against rejection of its argument that that the letter was unlawful. … Continue reading Cala Homes (South) Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: CA 27 May 2011
Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this plot. Held: ‘All that was necessary, since it was clear that the … Continue reading Waters and others v Welsh Development Agency: HL 29 Apr 2004
Judicial Review must be timely The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits. Held: The court repeated the requirement that an application must be both timely and in any event made within three months. Both … Continue reading Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008
Compulsory Purchase Damages limited to Actual Loss Rule (6) was designed to preserve the effect of the 19th Century case-law under the 1845 Act, by which personal loss caused by the compulsory acquisition was treated as part of the value to the owner of the land: ‘the owner in a proper case – that is, … Continue reading Horn v Sunderland Corporation: CA 1941
Estoppel Cannot Oust Statutory Discretion The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied. Held: The appeal failed. The court tried to reconcile invocations of estoppel with … Continue reading Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978
Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used to provide materials to construct the air base. It … Continue reading Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947
Repeated Assurances Created Equitable Estoppel Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The need for some detriment was clear. There was no need … Continue reading Gillett v Holt and Another: CA 23 Mar 2000
Recovery of damages after Refusal of Injunction The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way. Held: The appeal failed. A court may substitute damages for … Continue reading Jaggard v Sawyer and Another: CA 18 Jul 1994
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now appealed against an order reducing … Continue reading Star Energy Weald Basin Ltd and Another v Bocardo Sa: SC 28 Jul 2010
The claimant asserted a proprietary estoppel against the respondents. He had worked for the deceased over many years, for little payment, and doing more and more for her. Though he still worked full time at first, he came to spend nights at the property because of her fears of burglary. She did not pay him … Continue reading Jennings v Rice, Wilson, Marsh, Norris, Norris, and Reed: CA 22 Feb 2002
The claimant appealed against refusal of permission to erect a six turbine wind farm. The inspector had recommended the plan, but the defendant had decided against it. Held: The claim failed. The planning inspector’s report is the starting-point for the Secretary of State’s deliberations. However, it is his statutory function to make a planning judgment … Continue reading Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another: Admn 5 Dec 2014
Application to quash respondent’s local plan, alleging breach of the Habitats Directive. . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
The claimant’s land was subject to a compulsory purchase order to make land available for a scheme to make possible a much larger and more valuable scheme. He asserted that the compensation should be calculated in accordance with the value of the . .
Where a council had already published proposals for its new local plan before the new planning Act was to come into effect, the council had a duty not to abandon the plan but had to apply the appropriate transitional provisions. . .
Local authorities were presently bound to plan future housing developments in accordance with Regional Spatial Strategies which the new government intended to abolish. The respondent had previously been told by the court that primary legislation was . .
Application by the Claimant to challenge the decision of the Council to adopt the Leeds Site Allocations Plan (the SAP). . .
Appeal against grant of permission to bring judicial review of a planning decision.
Held: The appeal was allowed, and the permission quashed. Laws LJ pointed to three particular factors as calling for clear reasons: the ‘pressing nature’ of . .
‘Application under section 113 of the Planning and Compulsory Purchase Act 2004 (the 2004 Act) to quash parts of the Housing Chapter of the adopted Rochford Core Strategy’ . .
Challenge to joint Core Strategy . .
The court was asked whether or not an element of the package of socio-economic benefits associated with a wind turbine development, in the form of a local community donation based on turnover generated by the wind turbine, amounts to a material . .
LT COMPENSATION – Compulsory purchase of land for purpose of nature reserve to compensate for loss of SSSI caused by Cardiff Bay Barrage – preliminary issues – Land Compensation Act 1961 s 5 rule (3) – Pointe . .
Application to quash Local Development Core Strategy. . .
Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development.
Held: The tribunal’s application of these difficult provisions to the complex facts of this case . .
Appeal against quashing of part of local plan. . .
The claimant challenged a back to back agreement between the council and a developer where the council agreed to purchase compulsorily a plot of land against a developer’s undertaking to complete the development and indemnify the council against its . .
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Application brought under section 113 of the 2004 Act to quash a development plan document known as the Managing Development Delivery Local Plan. Judges: Lewis J Citations:  EWHC 2320 (Admin) Links: Bailii Statutes: Planning and Compulsory Purchase Act 2004 113 Jurisdiction: England and Wales Planning Updated: 15 April 2022; Ref: scu.534117
Challenge to the adoption of a development plan document under the relevant provisions of the Planning and Compulsory Purchase Act 2004, on the ground that the local planning authority’s duty under section 33A(1) of the 2004 Act – the so-called ‘duty to co-operate’ – was engaged but not complied with. Moore-Bick, Sales LJJ, Lindblom J … Continue reading Samuel Smith Old Brewery (Tadcaster) v Selby District Council: CA 5 Nov 2015
The claimants challenged two Development Plan documents produced by the respondent, saying that they had failed to respect the needs to protect local horseshoe bat populations. Edwards-Stuart J  EWHC 1567 (Admin) Bailii Planning and Compulsory Purchase Act 2004 England and Wales Environment, Planning Updated: 14 November 2021; Ref: scu.510946
The campaign company sought judicial review of a decision by the respondent granting permission to develop nearby land as a golf course. Held: The application succeeded. The Secretary of State in preserving the effect of certain policies had also preserved the supporting text and reasoned justification: ‘it makes no sense to preserve naked ‘policies’ shorn … Continue reading Cherkley Campaign Ltd, Regina (on The Application of) v Longshot Cherkley Court Ltd: Admn 22 Aug 2013
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a . .
Permission for the change of use of land to allow erection of a wind turbine had been quashed on the basis that the LA had taken account of an irrelevant matter, namely the proposed financial contributions from the development to the local . .
The company sought damages to its business on a motorway service station when works closed an access road. Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect of the permanent stopping-up orders. Judges: Lord Justice Carnwath Citations:  EWCA Civ 764,  … Continue reading Moto Hospitality Ltd v Secretary of State for Transport: CA 26 Jul 2007
The House described the way that the 1845 Act continued to affect the calculation of compensation: ‘The relevant section of the Act of 1845 (section 68) has, over 100 years, received through a number of decisions, some in this House, and by no means easy to reconcile, an interpretation which fixes upon it a meaning … Continue reading Argyle Motors (Birkenhead) v Birkenhead Corporation: HL 1974
The claimants owned 74 acres of an area of 391 acres in Liverpool which the Corporation wanted to acquire for residential development. The authority acquired the land by agreement and made a compulsory purchase order in respect of the remainder. Held: The purpose of the Pointe Gourde principle is to prevent the compensation for the … Continue reading Wilson v Liverpool Corporation: CA 1971
In compensation for compulsory purchase (in this case, of graveyards), ‘value’ means value to the owner, not value to the purchaser. The graveyards were therefore of little or no value to the rector. Cockburn CJ said: ‘When Parliament gives compulsory powers, and provides that compensation shall be made to the person from whom property is … Continue reading Stebbing v Metropolitan Board of Works: 1870
The Council had compulsorily acquired land for highway improvement. It was within an area scheduled for residential development. Outline permission for development of neighbouring land had been granted but the development could not proceed until the road improvements, including the construction of a roundabout, had been carried out. The compulsorily acquired plot was the site … Continue reading Batchelor v Kent County Council: CA 1989
The Corporation declared an area in which the appellants owned some slum houses to be a slum clearance area and made a compulsory purchase order. Compensation was to be assessed under the 1919 Act and the 1959 Act. The appellants were entitled to receive in compensation the value of their land as sites cleared of … Continue reading Davy v Leeds Corporation: HL 1965
The defendant wrongly used and asserted a right of way over a private road to a house which he had built. Held: To restrain the defendant from using the road would render the new house uninhabitable. The court refused an injunction on the grounds of the plaintiff’s delay in commencing proceedings. The defendant was ‘liable … Continue reading Bracewell v Appleby: ChD 1975
Equity applies its doctrines to the substance, not the form, of transactions. In respect of the rule against self dealing for trustees ‘But of course equity looks beneath the surface, and applies its doctrines to cases where, although in form a trustee has not sold to himself, in substance he has. Again one must regard … Continue reading Tito v Waddell (No 2); Tito v Attorney General: ChD 1977
A local authority had made a compulsory purchase order which was challenged and an inquiry was held. The inspector, after the conclusion of the hearing, conducted his own inspection of the premises as a result of which he concluded that the foundations were defective. His decision letter revealed the fact that this was a ground … Continue reading Fairmount Investments Ltd v Secretary of State for the Environment: HL 1976
The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is directed rather at ascertaining whether, in particular individual circumstances, it would be unconscionable for a party to … Continue reading Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd: ChD 1981
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation required by the Strategic Environmental Assessment Directive (‘the SEA Directive’), and that that the scope of the public … Continue reading Walton v The Scottish Ministers: SC 17 Oct 2012
Compulsory Purchase Compensation – Land As it Is The House considered the basis of calculation of compensation on the compulsory purchase of land without planning permission, but where permission would probably be granted. The appellant challenged the decision which had treated the probability as equal to certainty. Held: The appeal succeeded. The land should not … Continue reading Transport for London (London Underground Ltd) v Spirerose Ltd: HL 30 Jul 2009
55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant. Held: The restrictive covenant not to develop other than in accordance with an agreed lay-out plan was valid. It remained, or had not been … Continue reading Wrotham Park Estate Ltd v Parkside Homes Ltd: ChD 1974
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .
The Tribunal discussed compensation on compulsory purchase, and how the extent of the underlying scheme was to be identified: ‘Before the 1939 war it is broadly, perhaps entirely, true to say that the application of the common law rule was . .
Basingstoke was to be expanded to receive overspill population from London and the corporation contracted to purchase about 550 acres from a landowner on terms that the price would be assessed as though the land had been compulsorily acquired under . .
The water board obtained a compulsory purchase order to buy agricultural land adjoining a reservoir. The land was subject to protected tenancies under the 1948 Act.
Held: (Majority) Because the land subject to notices to treat was required for . .
Land was to be acquired for the development of a new town. The court faced the issue, in the context of a valuation for compulsory purchase, of whether the required disregard of any increase in value attributable to the ‘scheme’ meant that the . .
The tribunal considered case concerned 5.1 ha of land with an assumption of planning permission for industrial development under Planning legislation. There was only one possible access over adjoining land in different ownership.
Held: When . .