MWH Associates Ltd v Wrexham County Borough Council (Rev 1)

MWH Associates Ltd v Wrexham County Borough Council (Rev 1)

The appeal was dismissed because the tribunal found, as a matter of fact, that a derogation licence would not have been granted to permit mineral extraction or landfill due to the presence of protected great crested newts and the environmental status of the site. Therefore, the loss or depreciation in value was not...

Source-derived case information.

Parties
Appellant: MWH Associates Limited; Respondent: Wrexham County Borough Council
Jurisdiction
England and Wales
Judgment Date
28 November 2012
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal (lands Tribunal) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Modification of Planning Permissions, Compensation for Loss of Land Value, Protected Species and Habitats, Derogation Licences, Statutory Interpretation
Planning Law Environmental Law Compensation Law Modification of Planning Permissions Compensation for Loss of Land Value Protected Species and Habitats Derogation Licences Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

MWH Associates Limited

Appellant

Wrexham County Borough Council

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether compensation is payable under section 107 of the Town and Country Planning Act 1990 for loss of value due to modification orders restricting mineral extraction and landfill rights in light of environmental designations and protected species.
  2. 2 Whether the loss was directly attributable to the modification orders or to the environmental status/designation of the land.
  3. 3 Whether a derogation licence would have been granted to permit mineral extraction and landfill despite the presence of protected species.

Ratio Decidendi

The appeal was dismissed because the tribunal found, as a matter of fact, that a derogation licence would not have been granted to permit mineral extraction or landfill due to the presence of protected great crested newts and the environmental status of the site. Therefore, the loss or depreciation in value was not directly attributable to the modification orders but to the environmental designations and legal protections. Compensation under section 107 of the Town and Country Planning Act 1990 was not payable in these circumstances.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed. No compensation payable under section 107 of the Town and Country Planning Act 1990.