London Borough of Enfield v Lavender Garden Properties 1968

London Borough of Enfield v Lavender Garden Properties, Ltd 1968

All England Law Reports/1968/Volume 2/London Borough_of_Enfield v_Lavender_Garden, Ltd.

COURT OF APPEAL, CIVIL DIVISION DANCKWERTS, DIPLOCK LJJ AND CAIRNS J

21, 22 MARCH 1968

Keywords; Compulsory Purchase – Compensation – Purchase notice – Permission for additional development – Permission within five years of acquisition – Additional compensation – Land possessing certificate for residential development – Development at fifty-five habitable rooms per acre – Acquiring authority obtaining permission for one hundred rooms per acre – Increase constituting additional development – Land Compensation Act, 1961(9 & 10 Eliz 2 c 33), s 23(1), (2), s 29(1).

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After several unsuccessful attempts to obtain planning permission for residential development of their 12.2 acres of land zoned for allotment purposes, the claimants were given in July, 1963, a certificate of alternative development by the Minister of Housing and Local Government under s 17 of the Land Compensation Act, 1961. The certificate was to the effect that “planning permission for the class of development specified . . . might reasonably have been expected to be granted in respect of the said land if the land were not proposed to be acquired by any authority”, and the development specified was “residential development at a density comparable with that of neighbouring development”. That density was agreed to be fifty-five habitable rooms per acre. The claimants made a further application for planning permission in respect of the land and on its refusal served a purchase notice on the council in December, 1963. . .

 

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