000 01569cab a2200205 4500
001 ABS43942
008 090401t1991 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u44383
041 _aeng
245 _aHughes and another v Doncaster MBC
260 _c1991
350 _a0
490 _aWeekly Law Reports
_v(1991) 2 WLR 16-26(11)
520 _aHL 13 December 1990 Appeal by the council (D) which had compulsorily acquired the freehold land and premises owned by Hughes (H) on which the business of rag and scrap metal merchants had been carried out. When the land was acquired, H had to close down their business and applied to LT for a determination of the amount of compensation payable to them and claimed, inter alia, compensation for disturbance of business . LT held, inter alia, that the use on part of the land ("blue land") which had started before 1963 was an " established use " and was immune from enforcement proceedings, but the remainder of the land ("green land") remained liable to enforcement proceedings requiring its discontinuance. Compensation for disturbance was not part of value of the land under Land Compensation Act 1961 s5 r4 and that the use of the blue land being immune from enforcement was not "contrary to law" within rule 4 and compensation was awarded accordingly. On appeal, CA held that under rule 4 comp
650 _aCASE LAW
650 _aCompulsory purchase
_96228
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
942 _n0
948 _c04/03/1997
999 _c28253
_d28253