References: 1984 SC 1 13, (1983) 47 P & CR 540
Coram: Lord Dunpark
The Regional Council appealed against the Secretary of State’s decision to issue positive certificates. Lord Dunpark said: ‘Counsel for all parties agreed that the grantor of the certificate must disregard the proposal to acquire. The issue between the appellants and the respondents is whether or not the purpose or reasons for the acquisition must also be disregarded for certificate purposes. On the one hand, it is said that it is nonsense to grant a certificate for development for which the grantor knows planning permission would not be granted. On the other hand, it is said that, as this is a hypothetical, not a practical, exercise, if one has to disregard the proposal to acquire, one must also disregard the purpose of the acquisition.’ and ‘It seems to me to follow from the fact that the value of the land is not to be affected by the prospect of compulsory acquisition that its value is not to be affected by the development proposed by the acquiring authority. One cannot discount the one without the other.’
This case is cited by:
- Appeal from – Grampian Regional Council -v- Secretary of State for Scotland HL ([1984] SC (HL) 58, (1983) 47 P&CR 43, [1983] 1 WLR 1340, [1983] 3 All ER 673)
The House endorsed the practice of imposing negative conditions in planning consents.
Lord Bridge of Harwich said: ‘it is difficult to envisage a situation in practice in which the Tribunal, when assessing compensation, could be persuaded to . . - Cited – Newell and others -v- Secretary of State for the Environment and Another; Fletcher Estates (Harlescott) Ltd -v- Secretary of State for the Environment and Another HL (Times 23-Feb-00, House of Lords, Gazette 02-Mar-00, Bailii, [2000] UKHL 10, [2000] 2 AC 307, [2000] 1 All ER 929, [2000] 2 WLR 438)
Where a certificate of appropriate development was issued for land to be acquired compulsorily, the land was to be valued at the date of the proposal to acquire it compulsorily allowing a discount for any damage to the value incurred by the long . .
