Camden LBC v ADC Estates Ltd
Camden LBC v ADC Estates Ltd
- 1991
- Property and Compensation Reports (1991) 61 PCR 48-56(5) .
CA 15 June 1990. The respondent A applied to the council for planning permission to construct six flats in the roof space of a block of flats they already owned which was refused. The application was posted on 22 January 1985 and received on 25 January. An appeal to SoS against the refusal was dismissed. A claimed entitlement to compensation under Town and Country Planning Act 1971 s169 . The council disputed this. The matter was referred to LT and later to CA. CA was concerned with the date the application was made. New statutory provisions restricting the type of property for which compensation could be paid only affected planning applications made after 23 January 1985. If effective the new provisions would cover the type of building in question and there would be no entitlement to compensation. The council claimed that the application was made on the date it was posted. CA held that the date on which an application is made is the earliest moment when the application is received b
APPLICATION DATE
CASE LAW
POSTING DATE
TOWN AND COUNTRY PLANNING COMPENSATION ACT 1985
CA 15 June 1990. The respondent A applied to the council for planning permission to construct six flats in the roof space of a block of flats they already owned which was refused. The application was posted on 22 January 1985 and received on 25 January. An appeal to SoS against the refusal was dismissed. A claimed entitlement to compensation under Town and Country Planning Act 1971 s169 . The council disputed this. The matter was referred to LT and later to CA. CA was concerned with the date the application was made. New statutory provisions restricting the type of property for which compensation could be paid only affected planning applications made after 23 January 1985. If effective the new provisions would cover the type of building in question and there would be no entitlement to compensation. The council claimed that the application was made on the date it was posted. CA held that the date on which an application is made is the earliest moment when the application is received b
APPLICATION DATE
CASE LAW
POSTING DATE
TOWN AND COUNTRY PLANNING COMPENSATION ACT 1985