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COMPENSATION � injurious affection � water pipeline across land � preliminary issue � planning permission � time limit � whether houses could be constructed on the land pursuant to planning permission granted 20 years previously where minimum works of implementation carried out � whether permission full or outline � held that it was full but did not permit erection of houses on part of the land � Town and Country Planning Act 1971 s42, Town and Country Planning General Development Order 1977 Arts 2 & 5
Vincent Fraser QC instructed by Brabners Chaffe Street LLP of Liverpool for the claimant
Roger Lancaster instructed by Aaron and Partners LLP of Chester for the compensating authority.
The land was bought by the claimants on 17 February 2004.� Shortly afterwards the authority gave notice that after the expiration of three months they intended to enter on the land pursuant to their powers under sections 159 and 168 of the 1991 Act for the purpose of laying a sewer pipeline.� They entered the site for this purpose in July 2004, and the works were completed in about September 2004.
The planning permission in issue was granted by Ynys Mon Borough Council as long ago as 29 April 1983 under reference 1/20/V/131N.� It stated that permission was granted subject to conditions for
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