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Court clarifies compensation entitlement for stop notices (Huddlestone v Bassetlaw DC)

Court clarifies compensation entitlement for stop notices (Huddlestone v Bassetlaw DC)
Published on: 30 January 2019
Published by: LexisPSL
  • Court clarifies compensation entitlement for stop notices (Huddlestone v Bassetlaw DC)
  • What are the practical implications of this case?
  • What is the legal background to the case?
  • What is the factual background to the case?
  • What did the court find?
  • Case details

Article summary

Planning analysis: in Huddlestone v Bassetlaw, the Court of Appeal confirmed that compensation is not payable for an activity prohibited by a stop notice where that activity involves a breach of planning control and it is immaterial that the activity might not be in breach of planning control by the time it was carried out. The judgment clarifies the scope of a landowner’s entitlement to compensation following the issue of a stop notice and the withdrawal or successful appeal of a related planning enforcement notice. The loss has to be directly attributable to the prohibition in the stop notice, not a hypothetical cause. or take a trial to read the full analysis.

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