Abbey Homesteads (Developments) Limited v Northamptonshire CC
Abbey Homesteads (Developments) Limited v Northamptonshire CC
- 1992
- Rating & Valuation Reporter (1992) 32 RVR 110-117(8) .
CA 11 March 1992. The county council compulsorily purchased 1.23 ha of land belonging to the claimant company, X, part of 13.88 ha. X applied to the districy council for planning permission for residential development and they entered into an agreement under Town and Country Planning Act 1971 s52, which contained a covenant that `an area of 1.3ha adjacent to the playing field and amenity open spaces shall be reserved for school purposes`. Outline planning permission was granted for 343 units, open space,a site for a primary school and local shops. X carried out the development omitting the 1.3ha. In July 1983 the county council as education authority made a cpo to acquire 1.23ha. No objection was made and it was confirmed. The valuation date was 18 May 1984. LT determined the compensation payable at £300,00 on the basis that in assessing compensation the restrictive covenant must be disregarded as it was part of the scheme underlying the acquisition. The council appealed. CA held tha
LAND COMPENSATION ACT 1961
LAW AND PROPERTY ACT 1925
PLANNING PERMISSION
POINTE GOURDE QUARRYING AND TRANSPORT CO LTD V CROWN LANDS SUPERINTENDENT
RESTRICTIVE COVENANTS
S52 AGREEMENTS
TOWN AND COUNTRY PLANNING ACT 1971 S52
CA 11 March 1992. The county council compulsorily purchased 1.23 ha of land belonging to the claimant company, X, part of 13.88 ha. X applied to the districy council for planning permission for residential development and they entered into an agreement under Town and Country Planning Act 1971 s52, which contained a covenant that `an area of 1.3ha adjacent to the playing field and amenity open spaces shall be reserved for school purposes`. Outline planning permission was granted for 343 units, open space,a site for a primary school and local shops. X carried out the development omitting the 1.3ha. In July 1983 the county council as education authority made a cpo to acquire 1.23ha. No objection was made and it was confirmed. The valuation date was 18 May 1984. LT determined the compensation payable at £300,00 on the basis that in assessing compensation the restrictive covenant must be disregarded as it was part of the scheme underlying the acquisition. The council appealed. CA held tha
LAND COMPENSATION ACT 1961
LAW AND PROPERTY ACT 1925
PLANNING PERMISSION
POINTE GOURDE QUARRYING AND TRANSPORT CO LTD V CROWN LANDS SUPERINTENDENT
RESTRICTIVE COVENANTS
S52 AGREEMENTS
TOWN AND COUNTRY PLANNING ACT 1971 S52