International Ferry Traders Ltd v Adur District Council [2003] EWLands LCA_131_2000 (25 April 2003)

International Ferry Traders Ltd v Adur District Council [2003] EWLands LCA_131_2000 (25 April 2003)

The claimant had neither an interest in nor occupation of the land within the meaning of section 186(2), as the licences conferred no exclusive possession or sufficient permanence; therefore, the claimant was not entitled to compensation. However, the letter of 25 February 1998 constituted a valid claim within the prescribed time.

Citation
[2003] EWLands LCA_131_2000
Parties
Claimant: International Ferry Traders Limited; Compensating Authority: Adur District Council
Jurisdiction
England and Wales
Judgment Date
25 April 2003
Procedural Posture
Compensation Claim Under Town and Country Planning Act 1990, S.186 / Decision on Preliminary Issues Before the Lands Tribunal
Outcome
Reference dismissed; claimant not entitled to compensation.
Legal Topics
Stop Notice Compensation, Entitlement to Compensation, Occupation and Interest in Land, Time Limits for Claims
Planning Law Compensation Law Stop Notice Compensation Entitlement to Compensation Occupation and Interest in Land Time Limits for Claims

Case Brief

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Parties

International Ferry Traders Limited

Claimant

Adur District Council

Compensating Authority

Procedural Posture

Compensation Claim Under Town and Country Planning Act 1990, S.186 / Decision on Preliminary Issues Before the Lands Tribunal

Legal Issues

  1. 1 Whether the claimant was entitled to compensation under section 186(2) of the Town and Country Planning Act 1990 as a person with an interest in or occupying the land
  2. 2 Whether the claim for compensation was made within the prescribed time and in the prescribed manner

Ratio Decidendi

The claimant had neither an interest in nor occupation of the land within the meaning of section 186(2), as the licences conferred no exclusive possession or sufficient permanence; therefore, the claimant was not entitled to compensation. However, the letter of 25 February 1998 constituted a valid claim within the prescribed time.

Court Disposition

Reference dismissed; claimant not entitled to compensation.

Orders

  • Claimant's reference dismissed.
  • Claimant to pay the authority's costs of the proceedings, subject to detailed assessment if not agreed.