The Weekly Law Reports
[2009] 1 WLR 612
Court of Appeal
*Greenweb Ltd
v
Wandsworth London Borough Council
[2008] EWCA Civ 910
2008 July 9;
31
Buxton, Thomas, Stanley Burnton LJJ
Compulsory purchase— Compensation— Assumption— Victorian terrace damaged during Second World War and demolished— Land in use as open public space— Claimant purchasing land for development— Certificate of alternative development refused— Local authority authorised to acquire land compulsorily— Lands Tribunal assessing compensation payable on basis of statutory assumption that planning permission granted for rebuilding of Victorian terrace— Whether assumption mandatory— Whether court able to depart from clear but anomalous statutory provisions—
Land Compensation Act 1961 (9 & 10 Eliz 2, c 33), ss 14(1), 15(3) (as amended by Planning and Compensation Act 1991 (c 34), ss 31(4), 70(b), Sch 6, para 1(1)(a), Sch 15, para 15(1))
—
Town and Country Planning Act 1990 (c 8), Sch 3, para 1
Law reform— Whether necessary— Compulsory purchase— Compensation calculated on statutory assumption that planning permission would be granted for rebuilding of buildings formerly situated on land— Whether provision should be repealed—
Land Compensation Act 1961, s 15(3)(4) (as amended by Planning and Compensation Act 1991, s 31(4), Sch 6, para 1(1))
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