Herefordshire Council v White

Herefordshire Council v White

The only extant purchase notice was notice D, as each subsequent notice impliedly withdrew its predecessor. There is no statutory right to amend a purchase notice after service. Deemed confirmation under section 143(2) does not arise unless the local planning authority refers the notice to the Secretary of State. The appeal is allowed and the Lands Tribunal had no jurisdiction to award compensation for notices A, B, or C.

Parties
Appellant/defendant: Herefordshire Council; Respondent/claimant: Richard White
Jurisdiction
England and Wales
Judgment Date
21 November 2007
Procedural Posture
Civil Appeal / Appeal From Lands Tribunal, Preliminary Issue on Jurisdiction
Outcome
Appeal allowed
Legal Topics
Purchase Notices, Deemed Confirmation, Jurisdiction of Lands Tribunal, Amendment and Withdrawal of Statutory Notices
Planning Law Administrative Law Purchase Notices Deemed Confirmation Jurisdiction of Lands Tribunal Amendment and Withdrawal of Statutory Notices

Case Brief

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Parties

Herefordshire Council

Appellant/defendant

Richard White

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Lands Tribunal, Preliminary Issue on Jurisdiction

Legal Issues

  1. 1 Whether multiple sequential purchase notices can be served under section 137 of the Town and Country Planning Act 1990
  2. 2 Whether a purchase notice can be amended after service
  3. 3 Whether serving a subsequent notice implies withdrawal of the earlier notice

Ratio Decidendi

The only extant purchase notice was notice D, as each subsequent notice impliedly withdrew its predecessor. There is no statutory right to amend a purchase notice after service. Deemed confirmation under section 143(2) does not arise unless the local planning authority refers the notice to the Secretary of State. The appeal is allowed and the Lands Tribunal had no jurisdiction to award compensation for notices A, B, or C.

Court Disposition

Appeal allowed

Orders

  • The decision of the Lands Tribunal is set aside.