Pointe Gourde principle end of the road
Language: English Series: Rating and Valuation Reporter ; 51(3) [2011] RVR, 66-71(6) Publication details: 2011Subject(s):- 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-
- ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
| Item type | Current library | Call number | Status | Barcode | |
|---|---|---|---|---|---|
| Journal article | London Journal article | L152795 (Browse shelf(Opens below)) | Available | 152795-1001 |
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.