Maidstone BC v SoS Environment & another
Maidstone BC v SoS Environment & another
- 1996
- Estates Gazette (1996) 06 EG 142-147(6) .
CA 7 July 1995. M owned land required for a road scheme. In 1990 Kent CC (the second respondent) applied to M for a certificate of appropriate alternative development. M issued a certificate that planning permission for offices, residential development, hotel and/or car parking would be granted. S cancelled this certificate, stating that planning permission would be granted for car parking and road construction if the land were not proposed to be acquired. M`s appeal to quash S`s ruling under Land Compensation Act 1961 s5, contending that they were a willing seller and that the land had to be acquired by an authority with compulsory purchase powers, was rejected by the court below. Appeal dismissed. S5 has nothing to do with assumptions as to planning permission.
CERTIFICATE OF APPROPRIATE ALTERNATIVE DEVELOPMENT
LAND COMPENSATION ACT 1961 S5
MAIDSTONE BC V SOS ENVIRONMENT AND ANOTHER
PLANNING PERMISSION
ROAD IMPROVEMENT SCHEME
CA 7 July 1995. M owned land required for a road scheme. In 1990 Kent CC (the second respondent) applied to M for a certificate of appropriate alternative development. M issued a certificate that planning permission for offices, residential development, hotel and/or car parking would be granted. S cancelled this certificate, stating that planning permission would be granted for car parking and road construction if the land were not proposed to be acquired. M`s appeal to quash S`s ruling under Land Compensation Act 1961 s5, contending that they were a willing seller and that the land had to be acquired by an authority with compulsory purchase powers, was rejected by the court below. Appeal dismissed. S5 has nothing to do with assumptions as to planning permission.
CERTIFICATE OF APPROPRIATE ALTERNATIVE DEVELOPMENT
LAND COMPENSATION ACT 1961 S5
MAIDSTONE BC V SOS ENVIRONMENT AND ANOTHER
PLANNING PERMISSION
ROAD IMPROVEMENT SCHEME