Lancaster-Thomas v Teignbridge District Council [2006] EWLands LCA_167_2005 (20 July 2006)

Lancaster-Thomas v Teignbridge District Council [2006] EWLands LCA_167_2005 (20 July 2006)

The land could have been used as an allotment and enclosed with fences and a gate without the need for planning permission prior to the Article 4 direction.

Citation
[2006] EWLands LCA_167_2005
Parties
Claimant: Elizabeth Lancaster-Thomas; Acquiring Authority: Teignbridge District Council
Jurisdiction
England and Wales
Judgment Date
20 July 2006
Procedural Posture
Compensation Claim Under Town and Country Planning Act 1990 / Preliminary Issue Determination
Outcome
Preliminary issue answered in favour of the claimant; no final determination on compensation liability or quantum.
Legal Topics
Compensation for Refusal of Planning Permission, Use of Agricultural Land, Article 4 Direction, Lawful Development Certificate
Planning Law Compensation Law Compensation for Refusal of Planning Permission Use of Agricultural Land Article 4 Direction Lawful Development Certificate

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Elizabeth Lancaster-Thomas

Claimant

Teignbridge District Council

Acquiring Authority

Procedural Posture

Compensation Claim Under Town and Country Planning Act 1990 / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the land could have been used as an allotment and enclosed with fences and a gate without planning permission prior to the Article 4 direction

Ratio Decidendi

The land could have been used as an allotment and enclosed with fences and a gate without the need for planning permission prior to the Article 4 direction.

Court Disposition

Preliminary issue answered in favour of the claimant; no final determination on compensation liability or quantum.

Orders

  • The land could have been used as an allotment and enclosed with fences and a gate without planning permission prior to the Article 4 direction.