Source: All England Reporter
Publisher Citation: [2004] All ER (D) 583 (Mar)
Neutral Citation: [2004] EWCA Civ 398
Court: Court of Appeal, Civil Division
Judge:

Waller, Latham and Neuberger LJJ

Representation John Blackmore (instructed by John Collins & Partners, Swansea) for the claimants.
  Milwyn Jarman QC (instructed by DM Laycock, Swansea) for the defendant.
Judgment Dates: 31 March 2004

Catchwords

Compulsory acquisition of land - Compensation - Claim - Subject land having benefit of planning permission for residential development - Determination of Lands Tribunal - Tribunal finding planning permission capable of being implemented within two years - Tribunal referring to matters postdating date of valuation - Correctness of decision.

The Case

In determining the compensation payable to the claimants by the defendant local authority, following the compulsory acquisition of land, the Lands Tribunal had been entitled to find that the subject land had had the benefit of planning permission for residential development capable of being implemented within two years.

Practice Areas

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