Bell v Canterbury City Council
Bell v Canterbury City Council
- 1988
- Estates Gazette (8822) 4 June 1988, 86-94(4) .
CA 10 March 1988. Appeal by local authority (C) from LT decision awarding compensation to the landowner (B) for diminution of value of his land following a refusal of planning permission to fell trees on part of woodland subject to a Tree Preservation Order . At issue was the correct basis of compensation. LT held that the current capital value of the land in its present state was £450 per acre; if reclamation for grazing land had been permitted the value would be £1,900 per acre and upheld B`s contention that compensation should be based on diminution in value of land, not restricted to loss caused by inability to fell timber, as provided by Article 9 of the Order. C contended that compensation was limited to the commercial value of the timber, which B could not realise because of the refusal of permission and so the actual amount would be nil after making appropriate deductions for acquisition and sale. C relied on Article 6 of the Order which provided that ... C were required to g
ASSOCIATED PROVINCIAL PICTURE HOUSES LTD V WEDNESBURY CORPORATION
TOWN AND COUNTRY PLANNING ACT 1971 S60
CA 10 March 1988. Appeal by local authority (C) from LT decision awarding compensation to the landowner (B) for diminution of value of his land following a refusal of planning permission to fell trees on part of woodland subject to a Tree Preservation Order . At issue was the correct basis of compensation. LT held that the current capital value of the land in its present state was £450 per acre; if reclamation for grazing land had been permitted the value would be £1,900 per acre and upheld B`s contention that compensation should be based on diminution in value of land, not restricted to loss caused by inability to fell timber, as provided by Article 9 of the Order. C contended that compensation was limited to the commercial value of the timber, which B could not realise because of the refusal of permission and so the actual amount would be nil after making appropriate deductions for acquisition and sale. C relied on Article 6 of the Order which provided that ... C were required to g
ASSOCIATED PROVINCIAL PICTURE HOUSES LTD V WEDNESBURY CORPORATION
TOWN AND COUNTRY PLANNING ACT 1971 S60