Pointe Gourde principle end of the road
Barnes, Michael
Pointe Gourde principle end of the road - 2011 - Rating and Valuation Reporter 51(3) [2011] RVR, 66-71(6) .
HL in Spirerose Ltd (in administration) v Transport for London (2009) (see E148160) ended Pointe Gourde as a supposedly independent doctrine of law. Goes back to the origin of the principle in the Pointe Gourde Privy Council decision ([1947] AC 656), asks what was thought to have been established by the principle and looks at how it was adapted into statutory form. Concludes that the value to the owner rule or an aspect of it which might be disguised as Pointe Gourde is now wholely contained in the relevant statutory provisions Pointe Gourde's only function today is to assist where there is a disputed construction of the statutory provisions.
SPIREROSE LTD V TRANSPORT FOR LONDON
TOWN AND COUNTRY PLANNING ACT 1947
POINTE GOURDE QUARRYING AND TRANSPORT CO LTD V CROWN LANDS SUPERINTENDENT
TOWN AND COUNTRY PLANNING ACT 1990
LAND COMPENSATION ACT 1961
LANDS CLAUSES CONSOLIDATION ACT 1845
England and Wales--1543-
Pointe Gourde principle end of the road - 2011 - Rating and Valuation Reporter 51(3) [2011] RVR, 66-71(6) .
HL in Spirerose Ltd (in administration) v Transport for London (2009) (see E148160) ended Pointe Gourde as a supposedly independent doctrine of law. Goes back to the origin of the principle in the Pointe Gourde Privy Council decision ([1947] AC 656), asks what was thought to have been established by the principle and looks at how it was adapted into statutory form. Concludes that the value to the owner rule or an aspect of it which might be disguised as Pointe Gourde is now wholely contained in the relevant statutory provisions Pointe Gourde's only function today is to assist where there is a disputed construction of the statutory provisions.
SPIREROSE LTD V TRANSPORT FOR LONDON
TOWN AND COUNTRY PLANNING ACT 1947
POINTE GOURDE QUARRYING AND TRANSPORT CO LTD V CROWN LANDS SUPERINTENDENT
TOWN AND COUNTRY PLANNING ACT 1990
LAND COMPENSATION ACT 1961
LANDS CLAUSES CONSOLIDATION ACT 1845
England and Wales--1543-