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Batchelor v Kent CC

Language: English Series: Rating & Valuation Reporter ; 1989 RVR 181-184(4)Publication details: 1989Subject(s): Summary: CA 26 July 1989. The council purchased two adjoining parcels of freehold land . One parcel the order land, was included in a compulsory purchase order and the claimant served a notice requiring the council to buy the adjoining strip. Maidstone BC granted outline planning permission for development of an area to the east and south of this land for residential use subject to certain conditions including that no one should occupy dwellings in phase 2 of the three stage development until the off site road works in respect of the phase were complete. The council entered into an agreement with the developer to improve roads in the area including the building of a roundabout which was to be on the order land. LT awarded £500,000 for the order land and £150,000 for the adjoining. The council appealed contending that the award did not observe the Pointe Gourde principle ie that an increase in value entirely due to the scheme underlying the acquisition was to be ignored and Land Compensation A
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Law report London Journal article ABS41678 (Browse shelf(Opens below)) 1 Available 31643-1001

CA 26 July 1989. The council purchased two adjoining parcels of freehold land . One parcel the order land, was included in a compulsory purchase order and the claimant served a notice requiring the council to buy the adjoining strip. Maidstone BC granted outline planning permission for development of an area to the east and south of this land for residential use subject to certain conditions including that no one should occupy dwellings in phase 2 of the three stage development until the off site road works in respect of the phase were complete. The council entered into an agreement with the developer to improve roads in the area including the building of a roundabout which was to be on the order land. LT awarded £500,000 for the order land and £150,000 for the adjoining. The council appealed contending that the award did not observe the Pointe Gourde principle ie that an increase in value entirely due to the scheme underlying the acquisition was to be ignored and Land Compensation A