| 000 | 02353cam a2200301 4500 | ||
|---|---|---|---|
| 001 | ABS64187 | ||
| 008 | 000000n2001 000 0 eng u | ||
| 035 | _a(Sirsi) u113236 | ||
| 245 | _aMills and Allen Ltd v Commission for the New Towns | ||
| 260 | _c2001 | ||
| 490 |
_aRating and Valuation Reporter _v[2001] RVR 114-116(3) |
||
| 520 | _aLT 10 January 2001. The claimant (M) maintained some advertisement hoardings on a site occupied under licence from the British Railways Property Board which were removed after the land was acquired by the Tyne and Wear Development Corporation (T). M sought a disturbance payment under the Land Compensation Act 1973 s37 but the respondent (C), as successor to T, contended that no payment was due as M had had no interest acquired, had been displaced by a clause in the concession agreement which terminated its right to occupy and was not in lawful possession at the time of the displacement, whilst T had not been in possession of compulsory purchase powers at the time of displacement. It was held, however, that M was entitled to compensation on the following grounds: the fact that no interest of M's had been acquired was irrelevant because the provision existed to provide disturbance compensation for those having no interest requiring to be purchased; that the acquisition had ended the M's right to occupy the land; that the requirement was that M had been in lawful possession at the time of the agreement rather than the possession; that T possessed compulsory purchase powers; that there was no basis for the contention that M would not have been better off had T not acquired the land. Copy of the determination available at http://www.courtservice.gov.uk/tribunals/lands/decisions/dec-lca-144-00.htm | ||
| 590 | _aABS | ||
| 650 | _aADVERTISEMENT SITES | ||
| 650 | _aADVERTISING HOARDINGS | ||
| 650 | _aCOMPENSATION | ||
| 650 |
_aCompulsory purchase _96228 |
||
| 650 | _aDISPOSAL OF LAND | ||
| 650 | _aDISTURBANCE PAYMENTS | ||
| 650 | _aENGLISH PARTNERSHIPS | ||
| 650 | _aLAND COMPENSATION ACT 1973 S37 | ||
| 650 | _aMILLS AND ALLEN LTD V COMMISSION FOR THE NEW TOWNS | ||
| 650 | _aRIGHT TO OCCUPY | ||
| 650 | _aTERMINATION | ||
| 690 | _aPROPERTY AND LAND LAW-CASE LAW | ||
| 856 | _uhttps://www.courtservice.gov.uk/tribunals/lands/decisions/dec-lca-144-00.htm | ||
| 942 | _n0 | ||
| 999 |
_c67442 _d67442 |
||