Dutton & Anor v Blaby District Council [2005] EWLands ACQ_132_2004 (17 May 2005)

Dutton & Anor v Blaby District Council [2005] EWLands ACQ_132_2004 (17 May 2005)

Schedule 3 rights to rebuild a building existing as of July 1948 are not extinguished by abandonment of residential use; compensation must assume planning permission to rebuild, but the value is significantly affected by the lack of vehicular access and services, reducing the market value to £5,000.

Citation
[2005] EWLands ACQ_132_2004
Parties
Claimant: Eric Roland Dutton; Claimant: David William Black; Acquiring Authority: Blaby District Council
Jurisdiction
England and Wales
Judgment Date
17 May 2005
Procedural Posture
Compensation Reference Under Lands Tribunal Act 1949 / Interim Decision on Compensation Assessment
Outcome
Interim decision; further submissions invited on access and valuation issues.
Legal Topics
Compensation for Compulsory Acquisition, Abandonment of Use, Schedule 3 Rights Under Town and Country Planning Act 1990, Valuation of Derelict Land, Assumptions of Planning Permission
Compulsory Purchase Land Compensation Planning Law Compensation for Compulsory Acquisition Abandonment of Use Schedule 3 Rights Under Town and Country Planning Act 1990 Valuation of Derelict Land Assumptions of Planning Permission

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Parties

Eric Roland Dutton

Claimant

David William Black

Claimant

Blaby District Council

Acquiring Authority

Procedural Posture

Compensation Reference Under Lands Tribunal Act 1949 / Interim Decision on Compensation Assessment

Legal Issues

  1. 1 Whether Schedule 3 rights to rebuild under Town and Country Planning Act 1990 survive abandonment of residential use
  2. 2 Effect of lack of vehicular access and services on compensation value

Ratio Decidendi

Schedule 3 rights to rebuild a building existing as of July 1948 are not extinguished by abandonment of residential use; compensation must assume planning permission to rebuild, but the value is significantly affected by the lack of vehicular access and services, reducing the market value to £5,000.

Court Disposition

Interim decision; further submissions invited on access and valuation issues.

Orders

  • Each party to lodge further evidence and argument within 14 days on whether other land is required for access/services and the valuation impact.
  • Final determination of compensation deferred pending further submissions.