[2024] UKUT 00303 (LC)

On 5 June 2024, the Tribunal published its decision (Bashir v London Borough of Newham [2024] UKUT 00146 (LC)) in respect of Mr Bashir’s appeal against the ‘nil’ certificate issued by the London Borough of Newham (‘Newham’) under section 18 of the Land Compensation Act 1961, in which we cancelled Newham’s certificate and determined the broad extent of appropriate alternative development. We shall call that our substantive decision. Following further written submissions, on 15 July 2024 we issued an alternative Certificate (‘the Tribunal’s CAAD’), in which we certified that 8,214 sqm of mixed-use development would be appropriate alternative development.

We have also now received the parties’ submissions on costs. This is the first time the Tribunal has been asked to determine costs under rule10(6)(aa) of the Tribunal’s Procedure Rules, which were amended following the decision of the Court of Appeal in Leech Homes Limited v Northumberland County Council [2021] EWCA Civ 198.