DLP Planning Ltd have obtained permission under Section 17 of the Land and Compensation Act 1961 (as amended) for the use of land for residential purposes in connection with a compensation claim arising from the compulsory purchase of land at Midland Road, Luton as part of an internal highway improvement scheme in Luton.
Under the terms of an earlier application made under Section 17 of the Act, Luton Council, as the planning authority, issued a certificate confirming only employment use of the land as the appropriate alternative use. On behalf of the landowners, DLP appealed the decision under Section 18 of the Act, which, as a consequence of changes in legislation and administration, was recovered by the Upper Tribunal (the Lands Tribunal) and a hearing ordered under that Reference.
During the process of preparing for the Upper Tribunal appearance, further discussions were held with the Council, who subsequently invited a new application for the residential and mixed residential use of the land, and this subsequently was granted in favour of residential use.
Discussion are now underway to agree the compensation package payable to the landowners in accordance with the Certificate.