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. Buxton LJ: ‘[The landowners] contended that . . the policies and facts applicable at the relevant date should have been viewed as if the bypass scheme had never been conceived at all. [The Secretary of State] contended that the policies and facts should be taken on the relevant date as if the scheme had been cancelled on that date, and not as if the scheme had never been conceived at all.’
Judges:
Buxton LJ
Citations:
Gazette 15-Jul-1998, Times 01-Jul-1998, Gazette 17-Jun-1998, [1998] EWCA Civ 976, [1999] QB 1144, [1998] 4 All ER 838
Links:
Statutes:
Land Compensation Act 1961 22(2)
Jurisdiction:
England and Wales
Citing:
Appeal from – 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. . .
Cited by:
Appeal from – 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 17-Feb-2000
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 . .
Lists of cited by and citing cases may be incomplete.
Planning, Land
Updated: 18 July 2022; Ref: scu.144455