Bridgend County Borough Council v Boland & Anor

Bridgend County Borough Council v Boland & Anor

The Upper Tribunal did not err in law in concluding that the re-drawing of the settlement boundary to include the Reference Land was not part of the underlying proposal for the school scheme and should not be disregarded under the cancellation assumption. The Reference Land, being within the settlement boundary and not subject to special restrictions, would have been granted planning permission for residential development. The appeal is dismissed.

Parties
Appellant: Bridgend County Borough Council; Respondent: Michael Boland; Respondent: Magalie Muriel Boland
Jurisdiction
England and Wales
Judgment Date
14 July 2017
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Compulsory Purchase, Land Compensation, Planning Permission, Certificates of Appropriate Alternative Development, Development Plans
Land Law Compulsory Acquisition Planning Law Compulsory Purchase Land Compensation Planning Permission Certificates of Appropriate Alternative Development Development Plans

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Parties

Bridgend County Borough Council

Appellant

Michael Boland

Respondent

Magalie Muriel Boland

Respondent

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether the Upper Tribunal erred in law in granting a positive certificate of appropriate alternative development (CAAD) for residential development of the Reference Land under section 17 of the Land Compensation Act 1961
  2. 2 Whether the re-drawing of the settlement boundary to include the Reference Land should be disregarded as part of the underlying proposal for compulsory acquisition

Ratio Decidendi

The Upper Tribunal did not err in law in concluding that the re-drawing of the settlement boundary to include the Reference Land was not part of the underlying proposal for the school scheme and should not be disregarded under the cancellation assumption. The Reference Land, being within the settlement boundary and not subject to special restrictions, would have been granted planning permission for residential development. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Upper Tribunal's positive certificate for residential development stands