Cameron v Nature Conservancy Council
Cameron v Nature Conservancy Council
- 1992
- Estates Gazette (1992) 07 EG 128-130; 08 EG 120-122; 09 EG 147-150 .
LT for Scotland 5 June 1991. Claim by Cameron (C) for payment of £872,700 representing the diminution in value of his owner`s interest in a Perthshire agricultural and forestry estate. First test case to be brought under Wildlife and Countryside Act 1981 s50(3) dealing with disputed questions of payment. C was aware of the notification of two Sites of Special Scientific Interest (SSSIs) by the Nature Conservancy Council (N) before purchasing the estate in 1986. An application for a forestry grant was refused after objections from N. N offered to enter into a draft management agreement with C with an offer of compensation. C refused to accept offer opting under s50(3) of the 1981 Act for determination by an arbiter, in this case the Lands Tribunal. C demanded a lump sum rather than an annual payment. LT considered two rival schemes. C`s proposal was formulated on the basis of no SSSIs whilst N`s known as the Elliot/Scruton had SSSI restrictions in place. The LT referred to ministerial
CAMERON V NATURE CONSERVANCY COUNCIL
COMPENSATION
DIMINUTION IN VALUE
LAND COMPENSATION (SCOTLAND) ACT 1963 S12
OPEN MARKET VALUE
SCOTLAND
SITES OF SPECIAL SCIENTIFIC INTEREST
WILDLIFE AND COUNTRYSIDE ACT 1981 S50(3)
LT for Scotland 5 June 1991. Claim by Cameron (C) for payment of £872,700 representing the diminution in value of his owner`s interest in a Perthshire agricultural and forestry estate. First test case to be brought under Wildlife and Countryside Act 1981 s50(3) dealing with disputed questions of payment. C was aware of the notification of two Sites of Special Scientific Interest (SSSIs) by the Nature Conservancy Council (N) before purchasing the estate in 1986. An application for a forestry grant was refused after objections from N. N offered to enter into a draft management agreement with C with an offer of compensation. C refused to accept offer opting under s50(3) of the 1981 Act for determination by an arbiter, in this case the Lands Tribunal. C demanded a lump sum rather than an annual payment. LT considered two rival schemes. C`s proposal was formulated on the basis of no SSSIs whilst N`s known as the Elliot/Scruton had SSSI restrictions in place. The LT referred to ministerial
CAMERON V NATURE CONSERVANCY COUNCIL
COMPENSATION
DIMINUTION IN VALUE
LAND COMPENSATION (SCOTLAND) ACT 1963 S12
OPEN MARKET VALUE
SCOTLAND
SITES OF SPECIAL SCIENTIFIC INTEREST
WILDLIFE AND COUNTRYSIDE ACT 1981 S50(3)