Smith and another v South Gloucestershire DC
Smith and another v South Gloucestershire DC
- 2002
- Estates Gazette [2002] 38 EG 206-210(5) .
[2002] EWCA Civ 1131, 31 July 2002. Claimant (S) purchased a farmhouse property unaware of an agricultural occupancy planning condition affecting an agricultural worker's dwelling on the property. This should have been registered by the defendant council (SG) in the local land charges register and the planning conditon was valid notwithstanding the failure of SG to register it. S, having already spent £ 226 540 on renovations, attempted to get the condition removed. SG was deemed liable to pay compensation to S under the Local Land Charges Act 1970 s10, being £197 500 (discovery date valuation) or £292 500 (hearing date valuation. S appealed against adoption of discovery date valuation. "Held" appeal allowed. The hearing date valuation (£292 500) was in all circumstances the appropriate date of valuation as S had ceased further renovation works and sought removal of the condition as soon as it was discovered. View judgment at www.courtservice.gov.uk.
LOCAL LAND CHARGES
LOCAL LAND CHARGES ACT 1975 S10
ALCOA MINERALS OF JAMAICA V BRODERICK
SMITH AND ANOTHER V SOUTH GLOUCESTERSHIRE DC
COMPENSATION
AGRICULTURAL OCCUPANCY CONDITIONS
BREACH OF DUTY
VALUATION DATE
[2002] EWCA Civ 1131, 31 July 2002. Claimant (S) purchased a farmhouse property unaware of an agricultural occupancy planning condition affecting an agricultural worker's dwelling on the property. This should have been registered by the defendant council (SG) in the local land charges register and the planning conditon was valid notwithstanding the failure of SG to register it. S, having already spent £ 226 540 on renovations, attempted to get the condition removed. SG was deemed liable to pay compensation to S under the Local Land Charges Act 1970 s10, being £197 500 (discovery date valuation) or £292 500 (hearing date valuation. S appealed against adoption of discovery date valuation. "Held" appeal allowed. The hearing date valuation (£292 500) was in all circumstances the appropriate date of valuation as S had ceased further renovation works and sought removal of the condition as soon as it was discovered. View judgment at www.courtservice.gov.uk.
LOCAL LAND CHARGES
LOCAL LAND CHARGES ACT 1975 S10
ALCOA MINERALS OF JAMAICA V BRODERICK
SMITH AND ANOTHER V SOUTH GLOUCESTERSHIRE DC
COMPENSATION
AGRICULTURAL OCCUPANCY CONDITIONS
BREACH OF DUTY
VALUATION DATE