Herefordshire Council v White [2007] EWCA Civ 1204 (21 November 2007)

Herefordshire Council v White [2007] EWCA Civ 1204 (21 November 2007)

Where an owner serves sequential purchase notices without expressly reserving rights in relation to earlier notices, each subsequent notice is taken to withdraw the previous one. Deemed confirmation under section 143(2) does not arise unless the statutory process, including referral to the Secretary of State, is...

Source-derived case information.

Citation
[2007] EWCA Civ 1204
Parties
Appellant/defendant: Herefordshire Council; Respondent/claimant: Richard White
Jurisdiction
England and Wales
Judgment Date
21 November 2007
Procedural Posture
Appeal From Lands Tribunal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Purchase Notice Procedure, Deemed Confirmation Under Town and Country Planning Act 1990, Amendment and Withdrawal of Statutory Notices, Jurisdiction of Lands Tribunal
Planning Law Administrative Law Purchase Notice Procedure Deemed Confirmation Under Town and Country Planning Act 1990 Amendment and Withdrawal of Statutory Notices Jurisdiction of Lands Tribunal

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Parties

Herefordshire Council

Appellant/defendant

Richard White

Respondent/claimant

Procedural Posture

Appeal From Lands Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether multiple sequential purchase notices can be served under the Town and Country Planning Act 1990
  2. 2 Whether a purchase notice can be amended after service
  3. 3 Whether service of a subsequent notice implies withdrawal of earlier notices

Ratio Decidendi

Where an owner serves sequential purchase notices without expressly reserving rights in relation to earlier notices, each subsequent notice is taken to withdraw the previous one. Deemed confirmation under section 143(2) does not arise unless the statutory process, including referral to the Secretary of State, is followed. Only the last notice (notice D) was extant and it was not confirmed, so no compensation is payable.

Court Disposition

Appeal allowed

Orders

  • Decision of the Lands Tribunal set aside
  • Claimant not entitled to compensation based on deemed confirmation of earlier notices