R v Northumbrian Water Ltd ex parte Able UK Ltd
R v Northumbrian Water Ltd ex parte Able UK Ltd
- 1996
- Property and Compensation Reports [1996] P&CR 95-105(11) .
QBD 1 December 1995. N made compulsory purchase order for land owned by A for construction of a new sewage treatment works. As the works were urgent N served notice to treat followed by a notice of entry. Possession was taken shortly afterwards, with a view to safeguarding the land from effects of A`s adjoining waste disposal operations. On application A received a certificate of alternative development including the disposal of hazardous waste. A then submitted a notice of claim £22m. N sought to withdraw notice to treat, with the land in the same state as at the date the notice was served. A argued there was no right to withdraw after possession and that advance payment received could be retained. "Held" A`s claim dismissed.
ADVANCE PAYMENT
ALTERNATIVE DEVELOPMENT CERTIFICATE
LAND COMPENSATION ACT 1961 S31
NOTICE OF ENTRY
NOTICE TO TREAT
POSSESSION
R V NORTHUMBRIAN WATER LTD EX P ABLE UK LTD
SEWAGE TREATMENT WORKS
VALIDITY
WITHDRAWAL
QBD 1 December 1995. N made compulsory purchase order for land owned by A for construction of a new sewage treatment works. As the works were urgent N served notice to treat followed by a notice of entry. Possession was taken shortly afterwards, with a view to safeguarding the land from effects of A`s adjoining waste disposal operations. On application A received a certificate of alternative development including the disposal of hazardous waste. A then submitted a notice of claim £22m. N sought to withdraw notice to treat, with the land in the same state as at the date the notice was served. A argued there was no right to withdraw after possession and that advance payment received could be retained. "Held" A`s claim dismissed.
ADVANCE PAYMENT
ALTERNATIVE DEVELOPMENT CERTIFICATE
LAND COMPENSATION ACT 1961 S31
NOTICE OF ENTRY
NOTICE TO TREAT
POSSESSION
R V NORTHUMBRIAN WATER LTD EX P ABLE UK LTD
SEWAGE TREATMENT WORKS
VALIDITY
WITHDRAWAL