Cases - Urban Edge Group Ltd v London Underground Ltd

Record details

Name

Urban Edge Group Ltd v London Underground Ltd

Date

(2009)

Citation

RVR 361

Legislation

• Town and Country Planning Act 1990
• Land Compensation Act 1961

Keywords

Planning permission

Summary

In this case the Lands Tribunal held that the current development plans under the Town and Country Planning Act 1990 apply to planning assumptions under section 16 of the Land Compensation Act 1961 and the section was not defined.

It also held that it was not necessary to demonstrate that an application for planning permission would have been made in the absence of the scheme.

This case also introduced the concept of the cancellation assumption applying to planning permissions under section 16, but unlike section 17, the assumption applied on the valuation date. Accordingly the physical state of the land is taken to be in the form it was at the valuation date.