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 comparatively simple in so far as discovering what ‘the scheme underlying the acquisition’ was. There was usually an Act, public but more often private, or an Order which defined the scheme and the area wherein it was to operate. But in the post-war years a new conception of planning led to a series of measures which gave to local authorities, of one kind or another, planning powers of a much less detailed although more far-reaching character.’
Judges:
Sir Michael Rowe QC
Citations:
(1968) 20 P and CR 417
Jurisdiction:
England and Wales
Cited by:
Cited – Waters and others v Welsh Development Agency HL 29-Apr-2004
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 . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 06 September 2022; Ref: scu.196517