Planning Cttee. v Lesquende [1998] JLR 85 (13 February 1998)
In compulsory purchase, the valuation must reflect all attributes of the land, including development potential and likelihood of planning permission, but must ignore any change in value attributable to the compulsory purchase scheme, including re-zoning if it forms part of the scheme. Whether re-zoning is part of the scheme is a question of fact for the Board.
- Citation
- [1998] JLR 85
- Parties
- Applicant: Planning Committee; Respondent: Lesquende
- Jurisdiction
- Jersey
- Judgment Date
- 13 February 1998
- Procedural Posture
- Compulsory Purchase Arbitration / Judgment
- Outcome
- remitted for determination of whether re-zoning was part of the scheme
- Legal Topics
- Compulsory Purchase, Arbitration, Land Valuation, Planning Permission, Re Zoning
Case Brief
Summary, issues, holding and outcome
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Parties
Planning Committee
Applicant
Lesquende
Respondent
Procedural Posture
Compulsory Purchase Arbitration / Judgment
Legal Issues
- 1 How should land be valued in a compulsory purchase when there is potential for development and possible planning permission?
- 2 Should changes in value due to the compulsory purchase scheme, including re-zoning, be ignored in the valuation?
Ratio Decidendi
In compulsory purchase, the valuation must reflect all attributes of the land, including development potential and likelihood of planning permission, but must ignore any change in value attributable to the compulsory purchase scheme, including re-zoning if it forms part of the scheme. Whether re-zoning is part of the scheme is a question of fact for the Board.
Court Disposition
remitted for determination of whether re-zoning was part of the scheme
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