Old England Properties Ltd v Telford & Wrekin Council [2000] EWLands ACQ_111_1999 (15 June 2000)

Old England Properties Ltd v Telford & Wrekin Council [2000] EWLands ACQ_111_1999 (15 June 2000)

Assumed planning permission under section 15(3)(a) of the Land Compensation Act 1961 only allows for the rebuilding of the original buildings (or parts thereof) on their original sites, with permitted minor enlargements, for their last use, and does not permit merger of buildings or relocation elsewhere on the land. Hope value for greater density of development is not an inevitable legal consequence of the assumed planning permission and must be established by evidence as a matter of fact.

Citation
[2000] EWLands ACQ_111_1999
Parties
Claimant: Old England Properties Limited; Acquiring Authority / Respondent: Telford & Wrekin Council
Jurisdiction
England and Wales
Judgment Date
15 June 2000
Procedural Posture
Compensation Reference Under Compulsory Purchase / Purchase Notice / Preliminary Issue Determination
Outcome
Claimants' preliminary issue arguments rejected; Council's position upheld.
Legal Topics
Assumed Planning Permission, Hope Value, Valuation of Land, Rebuilding Rights, Merger of Buildings, Compensation Calculation
Compulsory Purchase Land Compensation Planning Law Assumed Planning Permission Hope Value Valuation of Land Rebuilding Rights Merger of Buildings +1 more

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Parties

Old England Properties Limited

Claimant

Telford & Wrekin Council

Acquiring Authority / Respondent

Procedural Posture

Compensation Reference Under Compulsory Purchase / Purchase Notice / Preliminary Issue Determination

Legal Issues

  1. 1 Whether assumed planning permission allows rebuilding on original sites only or elsewhere on the land
  2. 2 Whether floor areas of demolished buildings may be merged for compensation purposes
  3. 3 Whether assumed planning permission creates hope value for greater density of development

Ratio Decidendi

Assumed planning permission under section 15(3)(a) of the Land Compensation Act 1961 only allows for the rebuilding of the original buildings (or parts thereof) on their original sites, with permitted minor enlargements, for their last use, and does not permit merger of buildings or relocation elsewhere on the land. Hope value for greater density of development is not an inevitable legal consequence of the assumed planning permission and must be established by evidence as a matter of fact.

Court Disposition

Claimants' preliminary issue arguments rejected; Council's position upheld.

Orders

  • Assumed planning permission is limited to rebuilding original buildings on their original sites, without merger or relocation, for their last use, with permitted minor enlargements.
  • Proceedings stayed for two months for parties to negotiate settlement based on this decision; if no agreement, directions for further hearing will be issued.