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15th June 2018

On behalf of our client, Caulmert have secured the principle of residential development on a Green Belt site within the open countryside in Cheshire, by using a rarely used provision of Section 17 of the Land and Compensation Act 1961.

Our client’s greenfield site is directly affected by being on the line of a proposed new relief road, where the land is the subject to a compulsory purchase order, based on relatively low current agricultural land values. However, the assessment of compensation can take into account what planning permission, or hope value derived from potential planning permission at some time in the future, when arriving at the market value of the land to be acquired.

By pursuing a Certificate of Appropriate Alternative Development, Caulmert were able to demonstrate that whilst there are a number of significant planning policy constraints to new residential development on the site, there were a substantial number of overriding reasons why the site should be considered appropriate for residential, had the relief road not been progressed.

The issue of a positive certificate assumes that planning permission for the site has been secured, and therefore, the landowner is now much better placed to negotiate compensation payments.

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