ADC Estates Limited v Camden LBC
ADC Estates Limited v Camden LBC
- 1990
- Rating & Valuation Reporter (1990) 30 RVR 177-184(8) .
CA 15 June 1990. The claimant (A), was owner of a block of flats who sought planning permission to construct a further six flats in the roof space . The council (C) refused and the appeal to the SoS was dismissed. A sought compensation and this was referred to LT. C claimed A was not entitled to compensation as it was received after 23 January 1985 and so was excluded by Town and Country Planning Act 1971 s169 which by virtue of Town and Country Planning (Compensation) Act 1985 s3 excluded claims made after that date. Also the flats comprised several buildings, not one, therefore the proposal exceeded the size limit laid down in the 1971 Act. LT held that the application, dated and posted on 22 January, was not made too late; also held that the flats were a single building. C`s appeal on the first point was allowed on the grounds that "an application being made" implied that the recipient must receive it therefore the date on which an application is made is the date of the earliest m
REFUSAL
CA 15 June 1990. The claimant (A), was owner of a block of flats who sought planning permission to construct a further six flats in the roof space . The council (C) refused and the appeal to the SoS was dismissed. A sought compensation and this was referred to LT. C claimed A was not entitled to compensation as it was received after 23 January 1985 and so was excluded by Town and Country Planning Act 1971 s169 which by virtue of Town and Country Planning (Compensation) Act 1985 s3 excluded claims made after that date. Also the flats comprised several buildings, not one, therefore the proposal exceeded the size limit laid down in the 1971 Act. LT held that the application, dated and posted on 22 January, was not made too late; also held that the flats were a single building. C`s appeal on the first point was allowed on the grounds that "an application being made" implied that the recipient must receive it therefore the date on which an application is made is the date of the earliest m
REFUSAL