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 respondents appealed against the certificate as regards one use.
Held: The grant may have been more favourable to the applicant than might have been the case if the decision had been made properly, but it was too late to resile on the decision.
Lord President, Lord Prosser, Lady Cosgrove
[2001] ScotHC 95, [2001] ScotCS 213
Bailii, Bailii
Land Compensation (Scotland) Act 1963 (c. 51) 29
Scotland
Citing:
Cited – 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 – 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.
Updated: 12 September 2021; Ref: scu.166260 br>