Court of Appeal
*Greenweb Ltd
v
Wandsworth London Borough Council
[2008] EWCA Civ 910
2008 July 9; 31
Buxton, Thomas, Stanley Burnton LJJ
Compulsory purchaseCompensationAssumptionVictorian terrace damaged during Second World War and demolishedLand in use as open public spaceClaimant purchasing land for developmentCertificate of alternative development refusedLocal authority authorised to acquire land compulsorilyLands Tribunal assessing compensation payable on basis of statutory assumption that planning permission granted for rebuilding of Victorian terraceWhether assumption mandatoryWhether 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 reformWhether necessaryCompulsory purchaseCompensation calculated on statutory assumption that planning permission would be granted for rebuilding of buildings formerly situated on landWhether provision should be repealed Land Compensation Act 1961, s 15(3)(4) (as amended by Planning and Compensation Act 1991, s 31(4), Sch 6, para 1(1))
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