000 01820cam a2200265 4500
001 ABS65982
008 021004n2002 000 0 eng u
035 _a(Sirsi) u120001
245 _aSmith and another v South Gloucestershire DC
260 _c2002
490 _aEstates Gazette
_v[2002] 38 EG 206-210(5)
520 _a[2002] EWCA Civ 1131, 31 July 2002. Claimant (S) purchased a farmhouse property unaware of an agricultural occupancy planning condition affecting an agricultural worker's dwelling on the property. This should have been registered by the defendant council (SG) in the local land charges register and the planning conditon was valid notwithstanding the failure of SG to register it. S, having already spent £ 226 540 on renovations, attempted to get the condition removed. SG was deemed liable to pay compensation to S under the Local Land Charges Act 1970 s10, being £197 500 (discovery date valuation) or £292 500 (hearing date valuation. S appealed against adoption of discovery date valuation. "Held" appeal allowed. The hearing date valuation (£292 500) was in all circumstances the appropriate date of valuation as S had ceased further renovation works and sought removal of the condition as soon as it was discovered. View judgment at www.courtservice.gov.uk.
590 _aABS
650 _aLOCAL LAND CHARGES
650 _aLOCAL LAND CHARGES ACT 1975 S10
650 _aALCOA MINERALS OF JAMAICA V BRODERICK
650 _aSMITH AND ANOTHER V SOUTH GLOUCESTERSHIRE DC
650 _aCOMPENSATION
650 _aAGRICULTURAL OCCUPANCY CONDITIONS
650 _aBREACH OF DUTY
650 _aVALUATION DATE
690 _aPROPERTY AND LAND LAW-CASE LAW
856 _uhttps://www.courtservice.gov.uk/View.do?id=1320
_vView judgment on the Court Service website...
942 _n0
999 _c71307
_d71307