Smith & Anor v South Staffordshire District Council [2006] EWLands LCA_119_2004 (27 June 2006)

Smith & Anor v South Staffordshire District Council [2006] EWLands LCA_119_2004 (27 June 2006)

The proposed development was, on the facts, ancillary and subordinate to the main house and thus would have been permitted development under the GPDO. Compensation is to be assessed on the open market value basis, with no deduction for self-build. The council is not estopped from changing its position, but the estoppel issue does not arise given the finding on permitted development.

Citation
[2006] EWLands LCA_119_2004
Parties
Claimant: Francis Andrew Smith; Claimant: Valerie Smith; Compensating Authority: South Staffordshire District Council
Jurisdiction
England and Wales
Judgment Date
27 June 2006
Procedural Posture
Compensation Claim Under Lands Tribunal Act 1949 and Town and Country Planning Act 1990 / Final Decision on Compensation
Outcome
Compensation awarded to claimants
Legal Topics
Permitted Development Rights, Article 4 Direction, Compensation for Planning Restrictions, Valuation of Property, Estoppel in Planning Law, Self Build Allowance
Planning Law Compensation Law Administrative Law Permitted Development Rights Article 4 Direction Compensation for Planning Restrictions Valuation of Property Estoppel in Planning Law +1 more

Case Brief

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Parties

Francis Andrew Smith

Claimant

Valerie Smith

Claimant

South Staffordshire District Council

Compensating Authority

Procedural Posture

Compensation Claim Under Lands Tribunal Act 1949 and Town and Country Planning Act 1990 / Final Decision on Compensation

Legal Issues

  1. 1 Whether the proposed development would have been permitted development under the GPDO
  2. 2 Whether the council is estopped from denying permitted development status
  3. 3 Proper valuation of the property with and without the proposed development

Ratio Decidendi

The proposed development was, on the facts, ancillary and subordinate to the main house and thus would have been permitted development under the GPDO. Compensation is to be assessed on the open market value basis, with no deduction for self-build. The council is not estopped from changing its position, but the estoppel issue does not arise given the finding on permitted development.

Court Disposition

Compensation awarded to claimants

Orders

  • Council to pay compensation of £31,700 to claimants