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West Bowers Farm Products v Essex County Council: CA 1985

Farmers sought to construct a reservoir for irrigation. To create the reservoir they would have to excavate substantial volumes of sand and gravel which would be sold on. The appellants contended that the extraction of the sand and gravel was an engineering operation that was requisite for the use of the land for the purposes … Continue reading West Bowers Farm Products v Essex County Council: CA 1985

Gravesham Borough Council v Secretary of State for the Environment: QBD 1982

The Secretary of State could find that a building built under a permission for a weekend and holiday chalet, but to be used only in summer, was a dwelling house. The distinctive characteristic of a dwellinghouse is its ability to afford to those who use it the facilities required for day-to-day private domestic existence. McCullough … Continue reading Gravesham Borough Council v Secretary of State for the Environment: QBD 1982

Eaden Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): UTLC 6 Jun 2012

COMPENSATION – injurious affection – water pipeline across land – preliminary issue – planning permission – time limit – whether houses could be constructed on the land pursuant to planning permission granted 20 years previously where minimum works of implementation carried out – whether permission full or outline – held that it was full but … Continue reading Eaden Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): UTLC 6 Jun 2012

Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011

The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011

Acts

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