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Compulsory Purchase

September 21st, 2021 by James Goudie KC

R (Gardner) v Lancaster City Council (2021) R.V.R. 177 was concerned with a claim for additional compensation under Section 23 of the Land Compensation Act 1961. There were two issues. The first was whether planning permission could be deemed to have been granted within 10 years. The Judge, Martin Rodger QC, addresses the interpretation of “ deemed”. The second was whether a planning permission was granted for the purposes of the 1961 Act when a resolution to grant was passed subject to conditions such as entry into a Section 106 agreement. No, says the Judge, at para 49.

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