Stayley Developments Ltd v Secretary of State for Environment Transport & the Regions [2000] EWLands ACQ_144_1998 (21 December 2000)

Stayley Developments Ltd v Secretary of State for Environment Transport & the Regions [2000] EWLands ACQ_144_1998 (21 December 2000)

The Tribunal held that the section 17 certificate related only to the relevant land acquired for the motorway and not to any wider development including adjoining land. The statutory planning assumptions for compensation purposes are confined to the relevant land, and the certificate does not provide evidence that planning permission would have been granted for neighbouring land in the no-scheme world. The Tribunal placed little weight on the local planning authority's views as expressed in the certificate, given the lack of analysis and reliance on scheme-world factors. The preliminary issue was determined on the basis that, as at the valuation date, planning permission would have been...

Citation
[2000] EWLands ACQ_144_1998
Parties
Claimant: Stayley Developments Limited; Acquiring Authority: Secretary of State for the Environment, Transport and the Regions
Jurisdiction
England and Wales
Judgment Date
21 December 2000
Procedural Posture
Compensation Compulsory Purchase (preliminary Issue) / Decision on a Preliminary Issue Before the Lands Tribunal
Outcome
Preliminary issue determined in favour of the acquiring authority's interpretation; section 17 certificate applies only to the relevant land.
Legal Topics
Compensation Assessment, Planning Assumptions in No Scheme World, Section 17 Certificate Interpretation, Green Belt Development, Hope Value in Compulsory Purchase
Compulsory Purchase Land Compensation Planning Law Compensation Assessment Planning Assumptions in No Scheme World Section 17 Certificate Interpretation Green Belt Development Hope Value in Compulsory Purchase

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 24 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Stayley Developments Limited

Claimant

Secretary of State for the Environment, Transport and the Regions

Acquiring Authority

Procedural Posture

Compensation Compulsory Purchase (preliminary Issue) / Decision on a Preliminary Issue Before the Lands Tribunal

Legal Issues

  1. 1 What planning permissions would have applied to the acquired and neighbouring land in the no-scheme world?
  2. 2 Does the section 17 certificate relate to the relevant land alone or as part of a wider development?
  3. 3 What weight should be given to the section 17 certificate and local planning authority's views in the no-scheme world?

Ratio Decidendi

The Tribunal held that the section 17 certificate related only to the relevant land acquired for the motorway and not to any wider development including adjoining land. The statutory planning assumptions for compensation purposes are confined to the relevant land, and the certificate does not provide evidence that planning permission would have been granted for neighbouring land in the no-scheme world. The Tribunal placed little weight on the local planning authority's views as expressed in the certificate, given the lack of analysis and reliance on scheme-world factors. The preliminary issue was determined on the basis that, as at the valuation date, planning permission would have been...

Court Disposition

Preliminary issue determined in favour of the acquiring authority's interpretation; section 17 certificate applies only to the relevant land.

Orders

  • Compensation to be assessed on the basis that planning permission would have been granted for the specified uses on the relevant land alone, not as part of a wider development.
  • Probability of planning permission for adjoining land to be considered as hope value at the substantive hearing.