COMPENSATION – COMPULSORY PURCHASE – PAYMENT MADE TO SECURITY HOLDER – WHETHER THIS EXCEEDED VALUE OF SUBJECTS AT VALUATION DATE – WHETHER PLANNING PERMISSION HAD LAPSED – WHETHER DEVELOPMENT HAD STARTED – LAND COMPENSATION (SCOTLAND) ACT 1963 – TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1972, SECTION 39 – LAND CLAUSES CONSOLIDATION ACT 1842, SECTION 101
The applicants had been proprietors of subjects at Old Drylaw House in Edinburgh. At the date of acquisition by compulsory purchase the property was subject to a standard security. The acquiring authority settled with the security holder. The applicants lived in Mauritius. They did not intend to appear personally at any hearing but intimated a desire to instruct solicitors with the benefit of legal aid. After many continuations and sists to allow this, the Tribunal refused a further motion for sist. At the hearing there was no appearance for the applicants. The respondents accepted an onus to show that the value of the subjects at the relevant date was exhausted by payment made to the security holder. This turned on the terms of a valuation report they had obtained. The report tended to demonstrate that even with the benefit of planning permission that value was unlikely to be exceeded. But in any event they contended that at the valuation date the existing planning permission had lapsed. It was not contended that further planning permission would have been available. The availability of planning permission turned on the question of whether work done on the subjects was referable to the initial grant of permission. Various adminicles of evidence were adduced tending to show that this was not the case. There was no evidence available to the Tribunal to suggest that development under the permission started.
Held the Tribunal was satisfied that there was no excess of value above the sum paid to the security holder and, accordingly, nothing due to the applicants.
See full decision: LTS/COMP/1999/9