Podcast Location:
Download it here [file size: 21.8 MB]
Part of:
Compulsory Purchase & Land Compensation - In Association with Landmark Chambers CPD Training Bundle
Categories:
Planning
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this CPDcast, Christopher Lewsley, a barrister at Landmark Chambers discusses key planning assumptions. He looks at assumptions that cannot be derived from the development plan and those that can. He examines the key phrases that are associated with planning assumptions and legal principles such as Hope Value, and what happens when land is acquired by a highway. He concludes the podcast by looking at recent relevant case law such as Fletcher Estates v Secretary of State for the Environment.

Outcomes:
After completing the course you will:
  • Appreciate that the law of compensation for the compulsory purchase of land is statutory;
  • Know the assumptions that cannot be derived from a development plan;
  • Know the assumptions that can be derived from the development plan;
  • Understand what happens in relation to 'comprehensive developments';
  • Know what assumptions can be made in relation to conditions and the future;
  • Understand what a cancellation assumption is;
  • Know what hope value is in this context;
  • Know what planning assumptions ss15 and 16 of the 1961 Act provide;
  • Appreciate what happened in the case of Fletcher Estates v Secretary of State for the Environment;
  • Know what happened in the case of Urban Edge Group Limited;
  • Appreciate why the Lords ruling in Spirerose is significant;
  • Know the facts of the Thomas Newell Limited case;
  • Understand the ruling in Graham v Newcastle Upon Tyne and Potter and Potter.
Level:
Beginner Difficulty: 1 of 5
Classification:
Practical Guide
Procedural
Sources and References:
  • Horn v Sunderland Corporation [1941] 2 KB 26;
  • Land Compensation Act 1961;
  • Town and Country Planning Act 1990;
  • Dutton and Black v Blaby District Council [2006] RVR 203;
  • Greenweb Ltd v Wandsworth London Borough Council [2008] EWCA Civ 910;
  • Planning and Compulsory Purchase Act 2004;
  • Margate Corporation v Devotwill Investments Ltd [1970] 3 All ER 864;
  • Fletcher Estates (Harlescott) Ltd v Secretary of State for the Environment [2000] RVR 215;
  • Urban Edge Group Limited v London Underground Limited [2009] UKUT (LC) 103;
  • Persimmon Homes (Midlands) Ltd and others v Secretary of State for Transport [2010] UKUT;
  • Transport for London v Spirerose [2009] UKHL 44;
  • Thomas Newell Ltd v Lancaster City Council [2010] UKUT;
  • Graham v Newcastle Upon Tyne [2009] UKUT 281;
  • Potter and Potter v Hillingdon LBC [2010] UKUT 212;
  • Abbey Investments v London Development Agency [2010].

This podcast examines planning assumptions and the key caselaw and statutes that stem from them.

Podcast last reviewed: 2011-10-25

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