Greenweb Ltd v London Borough of Wandsworth [2008] EWCA Civ 910 (31 July 2008)

Greenweb Ltd v London Borough of Wandsworth [2008] EWCA Civ 910 (31 July 2008)

The statutory language of section 15(3) of the Land Compensation Act 1961 is clear and mandatory, requiring the assumption of planning permission for rebuilding destroyed buildings if the factual criteria are met, regardless of the resulting compensation's relationship to market value. The court is not entitled to read words into the statute or depart from its plain meaning absent clear drafting error or absurdity defeating the Act's purpose.

Citation
[2008] EWCA Civ 910
Parties
Claimant/respondent: Greenweb Limited; Compensating Authority/appellant: London Borough of Wandsworth
Jurisdiction
England and Wales
Judgment Date
31 July 2008
Procedural Posture
Appeal From Lands Tribunal Decision / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Compensation Assessment, Statutory Interpretation, Planning Permission Assumptions, Principle of Equivalence
Compulsory Purchase Land Law Planning Law Compensation Assessment Statutory Interpretation Planning Permission Assumptions Principle of Equivalence

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Parties

Greenweb Limited

Claimant/respondent

London Borough of Wandsworth

Compensating Authority/appellant

Procedural Posture

Appeal From Lands Tribunal Decision / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 15(3) of the Land Compensation Act 1961 requires a mandatory assumption of planning permission for rebuilding destroyed buildings, even if it results in compensation far exceeding market value
  2. 2 Whether the statutory language 'shall be assumed' is mandatory or directory in this context

Ratio Decidendi

The statutory language of section 15(3) of the Land Compensation Act 1961 is clear and mandatory, requiring the assumption of planning permission for rebuilding destroyed buildings if the factual criteria are met, regardless of the resulting compensation's relationship to market value. The court is not entitled to read words into the statute or depart from its plain meaning absent clear drafting error or absurdity defeating the Act's purpose.

Court Disposition

Appeal dismissed

Orders

  • Compensation to Greenweb Limited assessed at £1.6 million as determined by the Lands Tribunal
  • London Borough of Wandsworth to pay compensation accordingly