In Waters v Welsh Development Authority [2002] EWCA Civ 924; [2002] 2 EGLR 107, Carnwath LJ said “The right to compensation for compulsory purchase is a basic property right. It is unfortunate that ascertaining the rules upon which compensation is to be assessed can involve such a tortuous journey, through obscure statutes and apparently conflicting case law.”
The point was re-emphasised in the recent House of Lords appeal, where Lord Brown commented that the law in this field needs an urgent overhaul. In his article
As an aside, you may have noted that the House of Lords ruling narrowly precedes the Planning and Compulsory Purchase Act 2004, which received Royal Assent on 13 May.
According to Michael Gallimore, a partner and head of planning at Lovells, the Act promises greater speed and efficiency. However, he asks in
Related items:
In Waters v Welsh Development Authority [2002] EWCA Civ 924; [2002] 2 EGLR 107, Carnwath LJ said “The right to compensation for compulsory purchase is a basic property right. It is unfortunate that ascertaining the rules upon which compensation is to be assessed can involve such a tortuous journey, through obscure statutes and apparently conflicting case law.”
The point was re-emphasised in the recent House of Lords appeal, where Lord Brown commented that the law in this field needs an urgent overhaul. In his article A Bridge over troubled Waters Estates Gazette 3 July 2004, at p121, Simon Catterall, senior associate in the planning group at Allen & Overy, looks at the law lords’ assessment of compensation, analysing the Pointe Gourde principle and the present legislative regime under the Land Compensation Act 1961.
As an aside, you may have noted that the House of Lords ruling narrowly precedes the Planning and Compulsory Purchase Act 2004, which received Royal Assent on 13 May.
According to Michael Gallimore, a partner and head of planning at Lovells, the Act promises greater speed and efficiency. However, he asks in The brave new world of planning Estates Gazette 17 July 2004, at p109, will the Act live up to expectations?
Related items:
Compulsory purchase law needs reform, say law lords EGi Legal News 30 April 2004
Farewell to an old friend? Estates Gazette 26 June 2004, at p190 (Martin Edwards and John Martin)
Regeneration of compulsory purchase Estates Gazette 15 May 2004, at p158 (Gill Castorina)
PP 2002/163
