Nomad Developments Ltd v Gateshead Borough Council [2004] EWLands ACQ_94_2002 (6 August 2004)

Nomad Developments Ltd v Gateshead Borough Council [2004] EWLands ACQ_94_2002 (6 August 2004)

For compensation purposes, planning permission for residential development is to be assumed, subject to the conditions in the section 17 certificate, including retention and treatment of the tannery building. The certificate's conditions are not to be disregarded except where shown to be erroneous. The evidence does not support an assumption that listed building consent for demolition of the tannery would have been granted at the valuation date. The scale of development permitted would have allowed a substantial residential building along the north of the site, not limited to 2-3 storeys, and only a contribution (not full funding) to highway improvements would have been required.

Citation
[2004] EWLands ACQ_94_2002
Parties
Claimant: Nomad Developments Limited; Acquiring Authority: Gateshead Borough Council
Jurisdiction
England and Wales
Judgment Date
06 August 2004
Procedural Posture
Compulsory Purchase Compensation / Decision on Preliminary Issue
Outcome
Preliminary issue determined: planning permission for residential development to be assumed, subject to section 17 certificate conditions including retention of the tannery; substantial residential building permitted; only contribution to highway improvements required.
Legal Topics
Compensation Assessment, Planning Assumptions, Listed Building Consent, Section 17 Certificate, Residential Development, Highway Contributions
Compulsory Purchase Planning Law Property Law Compensation Assessment Planning Assumptions Listed Building Consent Section 17 Certificate Residential Development +1 more

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Parties

Nomad Developments Limited

Claimant

Gateshead Borough Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation / Decision on Preliminary Issue

Legal Issues

  1. 1 What planning assumptions should be made for compensation assessment under compulsory purchase?
  2. 2 Should listed building consent for demolition of the tannery be assumed?
  3. 3 What are the appropriate design, density, and highway requirements for residential development of the land?

Ratio Decidendi

For compensation purposes, planning permission for residential development is to be assumed, subject to the conditions in the section 17 certificate, including retention and treatment of the tannery building. The certificate's conditions are not to be disregarded except where shown to be erroneous. The evidence does not support an assumption that listed building consent for demolition of the tannery would have been granted at the valuation date. The scale of development permitted would have allowed a substantial residential building along the north of the site, not limited to 2-3 storeys, and only a contribution (not full funding) to highway improvements would have been required.

Court Disposition

Preliminary issue determined: planning permission for residential development to be assumed, subject to section 17 certificate conditions including retention of the tannery; substantial residential building permitted; only contribution to highway improvements required.

Orders

  • Compensation to be assessed on basis of assumed planning permission for residential development with retention and treatment of tannery building, and contribution (not full funding) to highway improvements.