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Bell v Canterbury City Council

Language: English Series: Estates Gazette ; (8822) 4 June 1988, 86-94(4)Publication details: 1988Subject(s): Summary: CA 10 March 1988. Appeal by local authority (C) from LT decision awarding compensation to the landowner (B) for diminution of value of his land following a refusal of planning permission to fell trees on part of woodland subject to a Tree Preservation Order . At issue was the correct basis of compensation. LT held that the current capital value of the land in its present state was £450 per acre; if reclamation for grazing land had been permitted the value would be £1,900 per acre and upheld B`s contention that compensation should be based on diminution in value of land, not restricted to loss caused by inability to fell timber, as provided by Article 9 of the Order. C contended that compensation was limited to the commercial value of the timber, which B could not realise because of the refusal of permission and so the actual amount would be nil after making appropriate deductions for acquisition and sale. C relied on Article 6 of the Order which provided that ... C were required to g
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Law report London Journal article ABS39312 (Browse shelf(Opens below)) 1 Available 15881-1001

CA 10 March 1988. Appeal by local authority (C) from LT decision awarding compensation to the landowner (B) for diminution of value of his land following a refusal of planning permission to fell trees on part of woodland subject to a Tree Preservation Order . At issue was the correct basis of compensation. LT held that the current capital value of the land in its present state was £450 per acre; if reclamation for grazing land had been permitted the value would be £1,900 per acre and upheld B`s contention that compensation should be based on diminution in value of land, not restricted to loss caused by inability to fell timber, as provided by Article 9 of the Order. C contended that compensation was limited to the commercial value of the timber, which B could not realise because of the refusal of permission and so the actual amount would be nil after making appropriate deductions for acquisition and sale. C relied on Article 6 of the Order which provided that ... C were required to g