Land & Property Ltd v Restormel Borough Council [2004] EWLands LCA_47_2002 (9 August 2004)

Land & Property Ltd v Restormel Borough Council [2004] EWLands LCA_47_2002 (9 August 2004)

Compensation is payable for the depreciation in value of the reference land directly attributable to the modification order, assessed on the basis that approval of reserved matters would not be assumed unless there is clear evidence it would have been granted. Abortive expenditure and professional fees are in principle compensable if directly attributable to the modification process, but quantum is to be determined separately.

Citation
[2004] EWLands LCA_47_2002
Parties
Claimant: Land and Property Limited; Compensating Authority: Restormel Borough Council
Jurisdiction
England and Wales
Judgment Date
09 August 2004
Procedural Posture
Compensation Claim Under Lands Tribunal Act 1949 and Town and Country Planning Act 1990 / Final Determination of Compensation Following Modification of Planning Permission
Outcome
Compensation awarded for depreciation in land value; principle of compensation for abortive expenditure and professional fees accepted, quantum to be determined in further proceedings.
Legal Topics
Modification of Planning Permission, Compensation for Depreciation in Land Value, Abortive Costs, Professional Fees, Valuation of Land, Town and Country Planning Act 1990, Land Compensation Act 1961
Planning Law Compensation Law Administrative Law Modification of Planning Permission Compensation for Depreciation in Land Value Abortive Costs Professional Fees Valuation of Land +2 more

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Land and Property Limited

Claimant

Restormel Borough Council

Compensating Authority

Procedural Posture

Compensation Claim Under Lands Tribunal Act 1949 and Town and Country Planning Act 1990 / Final Determination of Compensation Following Modification of Planning Permission

Legal Issues

  1. 1 Whether compensation is payable for abortive expenditure and professional costs following modification of planning permission
  2. 2 Correct basis for valuation of land following deletion of retail use from permitted development
  3. 3 Whether it is to be assumed that approval of reserved matters would have been granted at the valuation date

Ratio Decidendi

Compensation is payable for the depreciation in value of the reference land directly attributable to the modification order, assessed on the basis that approval of reserved matters would not be assumed unless there is clear evidence it would have been granted. Abortive expenditure and professional fees are in principle compensable if directly attributable to the modification process, but quantum is to be determined separately.

Court Disposition

Compensation awarded for depreciation in land value; principle of compensation for abortive expenditure and professional fees accepted, quantum to be determined in further proceedings.

Orders

  • Compensation for depreciation in land value assessed at £1,586,000.
  • Principle of compensation for abortive expenditure and professional fees accepted; quantum to be determined at a later hearing.