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 expectation of that particular proposal and its consequences and not by reference to another proposal which it replaced.
Lord Browne-Wilkinson, Lord Hope of Craighead, Lord Clyde, Lord Hobhouse of Wood-borough, Lord Millett
Times 23-Feb-2000, Gazette 02-Mar-2000, [2000] UKHL 10, [2000] 2 AC 307, [2000] 1 All ER 929, [2000] 2 WLR 438
House of Lords, Bailii
Land Compensation Act 1961 22(2), Planning and Compensation Act 1991 65(1)
England and Wales
Citing:
At first instance – Fletcher Estates (Harlescott) Ltd and Executors of J V Longmore v Secretary of State for Environment and Secretary of State for Transport Admn 10-Jun-1997
The date of the acquiring proposal is the date to consider as to planning aspects on deciding whether to quash a certificate of appropriate development. . .
Appeal from – Secretary of State for Environment v Fletcher Estates (Harlescott) Limited and Secretary of State for Environment v Newell; Longmore and Longmore (the Executors of J V Longmore) CA 11-Jun-1998
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 expectation of that particular proposal and its consequences and not by reference to another proposal . .
Cited – Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands PC 29-Jul-1947
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 . .
Distinguished – Grampian Regional Council v Secretary of State for Scotland HL 1983
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 . .
Cited – Jelson v Minister of Housing and Local Government CA 1969
A proposed ring road had been cancelled. The landowners applied for certificates of appropriate alternative development. The Minister confirmed the negative certificates which had been issued by the local planning authority. It was contended that . .
Cited – Grampian Regional Council v Secretary of State for Scotland SCS 1983
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 . .
Cited by:
Cited – South Lanarkshire Council v The Lord Advocate As Representing the Scottish Ministers and others IHCS 30-Aug-2001
Following a planning permission the applicant’s land became subject to compulsory purchase, and they were entitled to a certificate of appropriate alternative development. An application was made, but much later, and then granted on appeal. The . .
Cited – Homes and Communities Agency v JS Bloor (Wilmslow) Ltd SC 22-Feb-2017
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 . .
Lists of cited by and citing cases may be incomplete.
Land, Planning
Updated: 18 December 2021; Ref: scu.159045