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Lands Tribunal Adjudication

Acting on behalf of Persimmon Homes (Midlands) Ltd, Old Road Securities Plc and the St Alban’s Diocesan Board of Finance, DLP Planning Ltd gave evidence at a formal Hearing before two Members of the Lands Tribunal in February 2009, in respect of a compensation claim made against the Highways Agency arising from the construction of the Clapham (A6) Bypass.

An interim Judgement was issued by the Lands Tribunal on the 23rd December 2009, which supports the evidence given on behalf of the Claimants that the Reference Land would, in the no scheme world, have been granted planning permission for the residential development on the relevant date – January 2001.

The interim adjudication made by the Tribunal Members follows their consideration of the Judgement handed down by the House of Lords in the summer of 2009, in the case brought by Spirose and Transport for London which was significant in that it overturned an earlier Court of Appeal ruling on the basis for compensation decisions.

The parties in the Clapham Folly reference now have a period within which they can make further legal representations to the Tribunal on the basis of their findings, before the full adjudication is issued.

The Claimants were advised by a team formed of DLP Planning Ltd, URS, Gerald Eve and were led by Robin Purchas QC and Phillip Petchy of Francis Taylor Buildings.

Download Interim Decision