Kingswood Hall Properties Ltd v NATS (En Route) PLC [2005] EWLands ACQ_64_2004 (20 May 2005)

Kingswood Hall Properties Ltd v NATS (En Route) PLC [2005] EWLands ACQ_64_2004 (20 May 2005)

The development permitted by the 2004 planning permission, including installation of aerials for use by other operators, was within the scope of the original project for which the land was acquired and for which planning permission was to be assumed. Therefore, it was not 'additional development' under section 29(1) of the Land Compensation Act 1961, and no further compensation is payable.

Citation
[2005] EWLands ACQ_64_2004
Parties
Claimant: Kingswood Hall Properties Limited; Acquiring Authority: NATS (En Route) PLC
Jurisdiction
England and Wales
Judgment Date
20 May 2005
Procedural Posture
Compensation Claim (compulsory Purchase) / Preliminary Issue Determination
Outcome
claim dismissed
Legal Topics
Compensation for Compulsory Acquisition, Additional Development, Planning Permission, Statutory Interpretation
Compulsory Purchase Land Law Planning Law Compensation for Compulsory Acquisition Additional Development Planning Permission Statutory Interpretation

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Parties

Kingswood Hall Properties Limited

Claimant

NATS (En Route) PLC

Acquiring Authority

Procedural Posture

Compensation Claim (compulsory Purchase) / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the development permitted by the planning permission of 21 January 2004 constitutes 'additional development' under section 23 and 29(1) of the Land Compensation Act 1961, entitling the claimant to further compensation.

Ratio Decidendi

The development permitted by the 2004 planning permission, including installation of aerials for use by other operators, was within the scope of the original project for which the land was acquired and for which planning permission was to be assumed. Therefore, it was not 'additional development' under section 29(1) of the Land Compensation Act 1961, and no further compensation is payable.

Court Disposition

claim dismissed

Orders

  • The development permitted by the planning permission of 21 January 2004 is not additional development for the purposes of section 23 of the Land Compensation Act 1961.
  • The claimant has no entitlement to compensation and the claim is dismissed.