Gavaghan v SoS for the Environment and South Hams DC
Gavaghan v SoS for the Environment and South Hams DC
- 1990
- Journal of Planning and Environment Law 1990 JPL 273-277(5) .
CA 23 June 1989. In 1986 the defendants (G) sold a converted barn to a third party (K). G retained two fields with Ordnance Survey parcel numbers 7661 and 8164 amounting to about 2.5 acres. Covenants were granted and parties entered into an option agreement giving K the option to buy the two retained fields and driveway. In field 8164 there was a pond and an area of derelict land with the base of a demolished building, the result of a previous long contested planning case. G having repeatedly being refused consent to build as it was an area of outstanding natural beauty. In 1986 G offered the field to K who agreed to buy claiming the price to be open market value ie £3,500. G`s valuer claimed it should be £68,987 taking into account rights claimed for development. In 1987 G again applied for planning permission on field 8164; it was refused. G therefore served notice on the council under Town and Country Planning Act 1971 s140 relating to the area of 8164 involved, approximately 3/4
LAND
PURCHASE NOTICE
Valuation
CA 23 June 1989. In 1986 the defendants (G) sold a converted barn to a third party (K). G retained two fields with Ordnance Survey parcel numbers 7661 and 8164 amounting to about 2.5 acres. Covenants were granted and parties entered into an option agreement giving K the option to buy the two retained fields and driveway. In field 8164 there was a pond and an area of derelict land with the base of a demolished building, the result of a previous long contested planning case. G having repeatedly being refused consent to build as it was an area of outstanding natural beauty. In 1986 G offered the field to K who agreed to buy claiming the price to be open market value ie £3,500. G`s valuer claimed it should be £68,987 taking into account rights claimed for development. In 1987 G again applied for planning permission on field 8164; it was refused. G therefore served notice on the council under Town and Country Planning Act 1971 s140 relating to the area of 8164 involved, approximately 3/4
LAND
PURCHASE NOTICE
Valuation