Wrotham Park Settled Estates v Hertsmere BC
Wrotham Park Settled Estates v Hertsmere BC
- 1991
- Property and Compensation Reports (1991) 62 P&CR 652-672(21) .
LT 26 March 1991. It was held that the compensating authority, which had developed land under statutory powers in breach of a restrictive covenant imposed for the benefit of the plaintiffs` adjoining estate, should pay compensation under the Compulsory Purchase Act 1965 s10 based on the diminution in value of the plaintiffs` land and not, as contended by the plaintiffs, on difference in value of the acquired land as developed in breach of covenant and as developed within the restriction of the covenant.
COMPENSATION
Compulsory purchase
INJURIOUS AFFECTION
LANDS TRIBUNAL DECISIONS
RESTRICTIVE COVENANTS
LT 26 March 1991. It was held that the compensating authority, which had developed land under statutory powers in breach of a restrictive covenant imposed for the benefit of the plaintiffs` adjoining estate, should pay compensation under the Compulsory Purchase Act 1965 s10 based on the diminution in value of the plaintiffs` land and not, as contended by the plaintiffs, on difference in value of the acquired land as developed in breach of covenant and as developed within the restriction of the covenant.
COMPENSATION
Compulsory purchase
INJURIOUS AFFECTION
LANDS TRIBUNAL DECISIONS
RESTRICTIVE COVENANTS