‘Local authorities and regeneration bodies can expect greater scrutiny to be placed on their decisions to override third party rights in land on public interest grounds under new UK planning laws that came into effect in the summer.’
OUT-LAW.com, 21st September 2016
Source: www.out-law.com
‘The Court of Appeal has upheld the High Court’s decision to quash a compulsory purchase order (CPO) for the unused and vacant Orchard Wharf.’
OUT-LAW.com, 14th July 2016
Source: www.out-law.com
‘The Supreme Court has ruled that private tenants cannot rely on the right to a private and family life under the European Convention on Human Rights to challenge a mandatory possession order.’
Law Society’s Gazette, 16th June 2016
Source: www.lawgazette.co.uk
‘The Court of Appeal has upheld a challenge brought by traders against a High Court ruling that the decision by former Communities Secretary Eric Pickles to confirm a compulsory purchase order for Shepherd’s Bush Market was lawful.’
Local Government Lawyer, 21st March 2016
Source: www.localgovernmentlawyer.co.uk
‘Pursuant to its power under section 226(1)(a) of the Town and Country Planning Act 1990, the local planning authority made a compulsory purchase order in respect of land which included a well known market. The claimant and the market traders’ association objected and a public inquiry was held. The planning inspector recommended that the order not be confirmed. The Secretary of State issued a decision confirming the order, ostensibly giving reasons for departing from the inspector’s recommendation. The judge dismissed the claimant’s challenge to the validity of the order under section 23 of the Acquisition of Land Act 1981. The claimant and the association appealed on the grounds that the reasons given by the Secretary of State for departing from the inspector’s recommendation were inadequate and/or inadequately expressed.’
WLR Daily, 18th March 2016
Source: www.iclr.co.uk
Planning, Environment and Property Newsletter (PDF)
39 Essex Chambers, July 2015
Source: www.39essex.com
‘The High Court has dismissed a challenge to the land acquisition order that will allow Tottenham Hotspur Football Club (THFC) to complete the redevelopment of the site of its north London stadium, according to reports.’
Full story
OUT-LAW.com, 23rd February 2015
Source: www.out-law.com
“A district council’s compulsory purchase of the site of a famous amusement park has today been upheld by the Court of Appeal.”
Local Government Lawyer, 8th October 2013
Source: www.localgovernmentlawyer.co.uk
“To its supporters fracking is a revolutionary method of extracting gas and oil which will help drive down fuel prices in the UK, lower CO2 emissions and reduce the country’s dependence on foreign energy supplies. To its opponents it is a dangerous distraction from investment in renewable fuels, which can lead to the escape of carcinogenic chemicals into water supplies and which can cause minor earthquakes.”
Hardwicke Chambers, 24th July 2013
Source: www.hardwicke.co.uk
“A local housing authority may make a compulsory purchase order (CPO) over an unoccupied house even where the house is not ’empty’ for the purposes of the empty dwellings management orders (EDMO) regime, a High Court judge has ruled.”
OUT-LAW.com, 22nd October 2012
Source: www.out-law.com
“This paper sets out those recent cases which may be of general assistance to practitioners, covering the period June 2010 – June 2011. The paper seeks to gather together all of the relevant recent judicial pronouncements on matters relating to Compulsory Purchase, and to flag up the most relevant Upper Tribunal (UT) decisions on the subject. The paper does not cover decisions which appear to turn entirely upon their own facts.”
Full story (PDF)
Falcon Chambers, November 2011
Source: www.falcon-chambers.co.uk
“A council with one of the biggest housing shortages in the country is threatening to use compulsory purchase orders against the owners of homes that have been left empty for six months or more.”
The Guardian, 8th October 2011
Source: www.guardian.co.uk
R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council [2010] UKSC 20; [2010] WLR (D) 123
“A planning authority, in considering the exercise of its compulsory purchase powers in relation to one site, was not entitled to take into account a commitment by a developer to secure the redevelopment of another unconnected site.”
WLR Daily, 13th May 2010
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“S 226(1A) of the Town and Country Planning Act 1990 did not prevent a planning authority, when considering the exercise of its compulsory purchase powers, from having regard to wider benefits resulting from the development, redevelopment or improvement of or in relation to the land, which might include benefits deriving from the associated redevelopment of another site not within the proposed development itself.”
WLR Daily, 3rd August 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) [2009] UKHL 44; [2009] WLR (D) 273
“Where permission for the redevelopment of the claimant’s land would on the balance of probability have been granted as at the valuation date, the Lands Tribunal had not been entitled to value the land on the basis that permission would actually have been granted rather than on the basis of ‘hope value’.”
WLR Daily, 31st July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Union Railways (North) Ltd and another v Kent County Council [2009] EWCA Civ 363; [2009] WLR (D) 143
“In a compulsory purchase order case in which applicable notices to treat had been served on the landowner, but not on a company which claimed previously to have acquired certain rights partly over land acquired under the order, the company was not excluded per se by reason of s 22 of the Compulsory Purchase Act 1965 from making a reference to the Lands Tribunal seeking compensation.”
WLR Daily, 5th May 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Spirerose Ltd (In Administration) v Transport for London [2008] EWCA Civ 1230; [2008] WLR (D) 358
“In concluding that a valuation of the claimant’s land on the basis that at the date of valuation there would have been a determined planning application granting permission , the Lands Tribunal had not erred. In the absence of an actual planning permission or a permission that was required to be assumed under the Land Compensation Act 1961, the tribunal was not limited to assessing the value by reference to the view that the market would have taken as to the prospects of achieving planning permission, the hope value.”
WLR Daily, 14th November 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Greenweb Ltd v Wandsworth London Borough Council
Court of Appeal
“Where a local authority compulsorily purchased a public open space after refusing the landowner’s application for housing development, the Lands Tribunal had to value the land on the basis that planning permission had been granted for the housing development.”
The Times, 28th August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Greenweb Ltd v Wandsworth London Borough Council; [2008] WLR (D) 286
“On the proper interpretation of ss 14(1) and 15 (3) of the Land Compensation Act 1961 the amount of compensation payable for compulsory acquisition of vacant land on which Victorian houses had stood prior to their destruction during the Second World War should be based on the assumption that planning permission had been granted for specified development even though planning permission for such development had in fact been refused.”
WLR Daily, 5th August 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Gypsy families have lost a High Court battle over plans to make them move to make way for the Olympic village.”
BBC News, 3rd May 2007
Source: www.bbc.co.uk
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