Court : House of Lords
Decided on : Jul-30-2009
..... been granted. first and foremost", the unfairness of the land owner in this case being unable to take advantage of a certificate under section 17(4)(b) of the 1961 act -  ewca civ 1230, para 65. such a certificate would, if granted in respect of residential development of the land, have enabled the respondent to compensation on the basis that planning ..... for the chance that permission would not have been granted? 67. transport for london (tfl) appeals against the order of the court of appeal (carnwath, thomas and etherton ljj, in a judgment of the court) dated november 13, 2008 by which the court of appeal dismissed the appeal of tfl against a decision of the tribunal (the president and mr p.r. francis frics ..... include an increase in value entirely due to the scheme underlying the compulsory acquisition. lord macdermott quoted from the judgment of eve j (approved by the court of appeal) in a case antedating the 1919 act, south eastern railway company v lcc  2 ch 252, 258: increase in value consequent on the execution of the undertaking for or in connection with ..... appeal suggested that its approach reflects the common assumption and practice of tribunals, courts, practitioners and valuers -  ewca civ 1230, para 66. i am far from convinced that this is correct; and, even if it is, it cannot justify an erroneous interpretation of the 1961 act. the court of appeals observation lies a little unhappily with the observation of the lands tribunal .....Tag this Judgment!