The parties disputed the compensation to be awarded on the compulsory acquisition of land and in particular as to whether ‘the site should be valued on the basis (a) (as the tribunal held) of its full value with planning permission for a mixed use development; or (b) as TfL argued, a percentage only of that value (‘hope value’) reflecting the probability of the permission being granted, as perceived by the market in the no-scheme world.’
Judges:
Carnwath LJ, Thomas LJ, Etherton LJ
Citations:
[2008] EWCA Civ 1230, [2008] 46 EG 115, [2009] 1 P and CR 20, [2009] JPL 760, [2009] 1 EGLR 107, [2009] RVR 18, [2008] NPC 121
Links:
Jurisdiction:
England and Wales
Citing:
Appeal From – Spirerose Ltd v Transport for London LT 16-Nov-2007
LT COMPENSATION – compulsory purchase – acquisition of former industrial premises – claim for loss of development value – valuation – planning permission in no-scheme world – whether planning permission that . .
Cited by:
Appeal from – Transport for London (London Underground Ltd) v Spirerose Ltd HL 30-Jul-2009
Compulsory Purchase Compensation – Land As it Is
The House considered the basis of calculation of compensation on the compulsory purchase of land without planning permission, but where permission would probably be granted. The appellant challenged the decision which had treated the probability as . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 19 July 2022; Ref: scu.277856