Nature Conservancy Council for England v Deller
Nature Conservancy Council for England v Deller
- 1992
- Estates Gazette 1992 43 EG 137-145(5) .
ChD 9 June 1992. Application for leave to appeal under Arbitration Act 1979 s1(3)(b) against an award of an arbitrator made under a management agreement under the Countryside Act 1968 and the Wildlife and Countryside Act 1981; and an application under Ord 3 r5 of the Rules of the Supreme Court for leave to appeal against the award out of the time. The site in question concerned part of Graveney Hill Farm including West Graveney Beach designated an area of special scientific interest under the Countryside Act 1968 and the Wildlife and Countryside Act 1981. In 1986, a management agreement was entered into under s15 of the 1968 Act for 21 years from 24 January 1984. In 1988 the defendant D purchased West Graveney Beach and became entitled under the agreement to an annual payment as part of the management agreement. On 7 December 1988, D gave notice under the agreement to have the payment adjusted for 1989 and in 1991 applied for the appointment of an arbitrator. In August 1991, D gave s
ARBITRATION ACT 1979
COMPENSATION
COUNTRYSIDE ACT 1968
MANAGEMENT AGREEMENTS
TIME OF THE ESSENCE
WILDLIFE AND COUNTRYSIDE ACT 1981
ChD 9 June 1992. Application for leave to appeal under Arbitration Act 1979 s1(3)(b) against an award of an arbitrator made under a management agreement under the Countryside Act 1968 and the Wildlife and Countryside Act 1981; and an application under Ord 3 r5 of the Rules of the Supreme Court for leave to appeal against the award out of the time. The site in question concerned part of Graveney Hill Farm including West Graveney Beach designated an area of special scientific interest under the Countryside Act 1968 and the Wildlife and Countryside Act 1981. In 1986, a management agreement was entered into under s15 of the 1968 Act for 21 years from 24 January 1984. In 1988 the defendant D purchased West Graveney Beach and became entitled under the agreement to an annual payment as part of the management agreement. On 7 December 1988, D gave notice under the agreement to have the payment adjusted for 1989 and in 1991 applied for the appointment of an arbitrator. In August 1991, D gave s
ARBITRATION ACT 1979
COMPENSATION
COUNTRYSIDE ACT 1968
MANAGEMENT AGREEMENTS
TIME OF THE ESSENCE
WILDLIFE AND COUNTRYSIDE ACT 1981