COMPENSATION – compulsory purchase – preliminary issue – ransom value – scheme highway – whether section 14(5)(d) of the Land Compensation Act 1961 engaged so as to prevent the assumption of planning permission – determined not so engaged Citations: [2018] UKUT 62 (LC) Links: Bailii Statutes: Land Compensation Act 1961 Jurisdiction: England and Wales Land … Continue reading In Re Section 14, (D) of The Land Compensation Act 1961: UTLC 8 Mar 2018
Cairns J considered a request for the variation of a post-nuptial trust and said: ‘Now it is well established by authority that the variation may be such as to confer a benefit on a stranger to the settlement provided it also confers a benefit on children interested in the settlement, and I think the authorities … Continue reading Purnell v Purnell: 1961
COMPENSATION – compulsory acquisition of leasehold shop units in run-down shopping centre – redevelopment – scheme – no scheme world – whether demand from purchaser – developer in no scheme world creating ransom or development value – whether such value existed independently of the scheme – claimants’ case rejected – compensation awarded on authority’s figures … Continue reading Rank Leisure and others v Castle Vale Housing Action Trust: LT 13 Aug 2001
COMPENSATION – compulsory purchase – preliminary issue – jurisdiction of Lands Tribunal to entertain reference – notice to treat – whether notice to treat withdrawn – whether notice of claim delivered – Land Compensation Act 1961 ss 4, 31 Citations: [2006] EWLands ACQ – 114 – 2004 Links: Bailii Jurisdiction: England and Wales Land Updated: … Continue reading Acton and Another v Trustees of Birmingham South West Circuit Methodist Church Manses Trust: LT 29 Jun 2006
LT COMPENSATION – Compulsory purchase – acquisition of town centre site in connection with Metro scheme – planning assumptions – development costs – valuation methodology – valuation – Land Compensation Act 1961 Section 5 rule (2) – compensation awarded andpound;1,165,683.06. Citations: [2008] EWLands CON – 19 – 2007 Links: Bailii Statutes: Land Compensation Act 1961 … Continue reading Jumbuk Ltd v West Midlands Passenger Transport Executive: LT 4 Feb 2008
The tribunal considered case concerned 5.1 ha of land with an assumption of planning permission for industrial development under Planning legislation. There was only one possible access over adjoining land in different ownership. Held: When determining the value of land compulsorily acquired by the Corporation, the Tribunal allowed for the fact that the landowner would … Continue reading Stokes v Cambridge Corporation: LT 1961
Compensation – Planning Permission – Certificate of Appropriate Alternative Development – appeal site in Green Belt – certificate granted by Council for 11 or 12 dwellings – previous outline planning permission for 14 dwellings granted in 2015 – certificate sought for development of nine dwellings – held that planning obligations policies apply to smaller development … Continue reading Lockwood and Others v Highways England Company Ltd: UTLC 20 Jun 2019
A covenant prevented new building other than for a garage. The owner proposed a three-car garage extension, but with a play-room above, for the applicant’s own use. The relevant property of the objector was not her own house, but consisted of a driveway, and a plot of land on which she hoped to be allowed … Continue reading Skupinski, Re Law of Property Act 1925: LT 30 Nov 2004
LT COMPENSATION – modification of planning permission by deletion of retail use from permitted development – depreciation in land value – no approval of reserved matters at valuation date – basis of valuation – whether it is to be assumed that approval granted – compensation for depreciation in land value, andpound;1,586,000 – abortive costs – … Continue reading Land and Property Ltd v Restormel Borough Council: LT 9 Aug 2004
When calculating the losses suffered by a victim of crime, the allowance to be made for losses to a retirement pension through having to retire early should have set off against them, the benefits received by way of payments for his ill-health, which payments he would not have received but for the incident. The section … Continue reading Cantwell v Criminal Injuries Compensation Board: HL 5 Jul 2001
COMPENSATION – COSTS – certificate of appropriate alternative development – whether the Upper Tribunal has power to award costs in an appeal under s.18, Land Compensation Act 1961 – whether proceedings for compensation for compulsory purchase – s.29, Tribunals, Courts and Enforcement Act 2007 – rule 10(6)(a), Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 … Continue reading Leech Homes Ltd v Northumberland County Council: UTLC 26 Nov 2020
UTLC COMPENSATION – compulsory purchase – land on edge of village acquired for bypass – planning permission granted for residential development of retained land – whether highway objection to residential development in no-scheme world – whether residential planning permission would have been granted for the acquired land and the retained land in the no-scheme world … Continue reading Persimmon Homes (Midlands) Ltd and Others v Secretary of State for Transport: UTLC 22 Dec 2009
A defamation of the claimant had been published and then repeated by others. Held: The court discussed the logical impossibility of apportioning damage between different tortfeasors: ‘Where injury has been done to the plaintiff and the injury is indivisible, any tortfeasor whose act has been a proximate cause of the injury must compensate for the … Continue reading Dingle v Associated Newspapers: CA 1961
Lord Radcliffe said: ‘I think, however, that it needs to be remembered in connection with this statement that the full extent of the common law right to enter the highway at every point of the frontage for any highway purpose must have been modified in very many cases by the exercise of statutory powers with … Continue reading Ching Garage Ltd v Chingford Corporation: HL 1961
Sellers LJ said: ‘The second plaintiffs had paid some andpound;5,000 for that theft; and for their respective losses these plaintiffs sought to recover damages under the Riot (Damages) Act, 1886’ The court considered that a liberal approach was appropriate for the admissibility of hearsay evidence in civil proceedings. Judges: Sellers LJ, Devlin LJ Citations: [1961] … Continue reading Bearmans Ltd v Metropolitan Police District Receiver: CA 1961
The plaintiff had been prosecuted by the defendant for pulling the emergency cord on a train without proper cause. After acquittal and payment of part of her costs, she sued for malicious prosecution, saying the damages were the part of her defence costs not awarded. The defendant replied that this was not claimable loss. Held: … Continue reading Berry v British Transport Commission: CA 1961
Compensation was sought for injuries received in the course of employment. Held: The limitation period was to be calculated to have started on the day after the occurrence which founded the claim, the day itself being excluded from the calculation. Judges: Havers J Citations: [1961] 2 All ER 270, [1961] 2 QB 135 Statutes: Limitation … Continue reading Marren v Dawson Bentley and Co Ltd: 1961
UTLC COMPENSATION – Compulsory Purchase – Acquisition of land and premises in connection with town centre redevelopment scheme – valuation – disturbance – business extinguishment – Land Compensation Act 1961 section 5 rules (2) and (6) – Compensation determined at pounds 201,073 Judges: Paul Francis FRICS Citations: [2017] UKUT 269 (LC) Links: Bailii Statutes: Land … Continue reading Behic and Others v Northumberland County Council, Re Station Street, Blyth: UTLC 4 Aug 2017
UTLC COMPENSATION – Compulsory Purchase – Acquisition of land and premises in connection with town centre redevelopment scheme – valuation – disturbance – business extinguishment – Land Compensation Act 1961 section 5 rules (2) and (6) – Compensation determined at pounds 201,073 Citations: [2017] UKUT 269 (LC) Links: Bailii Statutes: Land Compensation Act 1961 5 … Continue reading Behic and Others v Northumberland County Council, Re Station Street, Blyth: UTLC 23 Jun 2017
Mr. Boyle sought compensation in respect of a rectification of the register by removal from his title of land belonging to a neighbour. Since Mr. Boyle’s registered title was subject to overriding interests, he would not have been entitled to compensation if the land removed from the title was in the actual occupation of the … Continue reading In re Boyle’s Claim: ChD 1961
Claim included in statement of case covering multiple references filed within time – notice of reference filed after expiry of limitation period – whether claim referred to Tribunal within time – s.1, Land Compensation Act 1961 – s.9, Limitation Act 1980 – rr.7 and 28, Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 Martin Rodger, … Continue reading Five Oaks Land Ltd v London Borough of Redbridge (Compensation – Limitation): UTLC 2 Dec 2021
The plaintiff was not to be prevented from recovering the costs of private medical treatment.It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would have been earned after death is that they are an element for consideration … Continue reading Harris v Brights Asphalt Contractors Ltd: QBD 1953
Agreed compensation is not a penalty A hirer under a hire purchase agreement could terminate the hiring during the course of the term whereupon the hirer was required to pay a sum by way of agreed compensation. Held: A sum of money payable under a contract on the occurrence of an event other than a … Continue reading Campbell Discount Company Ltd v Bridge: CA 1961
UTLC Compensation – planning permission – compulsory acquisition of land required for new highway – appeal against certificate of appropriate alternative development restricting residential development to 100% affordable housing – development plan – material consideration of extant planning permission on balance of site – Land Compensation Act 1961, s18 – appeal allowed [2016] UKUT 172 … Continue reading Mintblue Propertiesltd, Re: Re: Car Park of Former E-Mag Factory: UTLC 7 Apr 2016
Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used to provide materials to construct the air base. It … Continue reading Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947
UTLC COMPENSATION – compulsory purchase – dwelling house in poor repair – valuation of freehold interest – disturbance – other issues outside Tribunal’s jurisdiction – Land Compensation Act 1961 section 5, rules . .
COMPENSATION – Compulsory Purchase – preliminary issue – agricultural land value – s.5, Land Compensation Act 1961 . .
COMPENSATION – Compulsory Purchase – fire damaged former amusement arcade with accommodation over – assumed planning permission – valuation method – residual valuation – comparable valuation – s.5 and s.14, Land Compensation Act 1961 . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Temporary, if damaging disturbance which fell short of actual damage to a neighbour’s land and which was caused by works executed on land which had been purchased compulsorily, was not normally claimable and not by the owner of only a temporary interest. Citations: Gazette 08-Jul-1998, Gazette 17-Jun-1998, Times 22-Jun-1998, [1998] EWCA Civ 978, [1998] 3 … Continue reading Wildtree Hotels Ltd And Others v London Borough of Harrow: CA 11 Jun 1998
The case involved an appeal from the Land’s Tribunal arbitration award setting compensation for land to be acquired. The question was whether the value should have been that acceptable to a willing seller, or to a ‘a company regulated and subsidised by central government and subject to the political pressures as were the Claimants themselves’. … Continue reading Railtrack Plc (In Railway Administration) v Guinness Limited: CA 20 Feb 2003
Interest is payable after a compulsory purchase strictly in accordance with the Act, even though this might lead to a windfall gain to the landowner because of the substantial delay in payment. Citations: Gazette 05-Nov-1997, Times 14-Nov-1997 Statutes: Land Compensation Act 1961 5 Jurisdiction: England and Wales Land Updated: 10 November 2022; Ref: scu.83367
No issue estoppel on land value arose from a previous Secretary’s finding on Lands Tribunal. Citations: Times 03-Jun-1996, [1996] 3 All ER 693 Statutes: Land Compensation Act 1961 18 Jurisdiction: England and Wales Cited by: Cited – Forrester v The Secretary Of State For The Environment And South Buckinghamshire District Council Admn 14-Mar-1997 The applicant … Continue reading Porter and Another v Secretary of State for Transport: CA 3 Jun 1996
LT COMPENSATION – compulsory purchase – abandoned house in state of disrepair – untraceable owner – cost of repair and refurbishment – valuation – comparable transactions – Housing Act 1985 section 17 and Land Compensation Act 1961 Part 1 – compensation determined at andpound;185,000. Citations: [2008] EWLands ACQ – 304 – 2008 Links: Bailii Statutes: … Continue reading Clarke v London Borough of Newham: LT 25 Sep 2008
The landowner appealed against the compensation awarded for the compulsory acquisition of his land for use as a road. The owners had been compensated only for its agricultural value, but said that it should have allowed for its value for minerals extraction. Held: The appeal failed. Carnwath LJ said: ‘The planning assumptions in the 1961 … Continue reading Roberts and Another v South Gloucestershire Council: CA 7 Nov 2002
Citations: [2003] EWCA Civ 160 Links: Bailii Statutes: Land Compensation Act 1961 5(4) Jurisdiction: England and Wales Land, Damages Updated: 25 October 2022; Ref: scu.181109
COMPENSATION – prohibition order – Housing Health and Safety Rating System Regulations – category 1 hazard – flat – crowding and space – section s584A Housing Act 1985 – S.5 Land Compensation Act 1961 – Rule 4 – whether use of flat (a) contrary to law (b) detrimental to health of the occupants – nil … Continue reading Haq v Eastbourne Borough Council: UTLC 10 Oct 2011
COMPENSATION – electricity – preliminary issues – reference by consent – deed of grant for easement of overhead electricity line – provision for additional payment if planning permission granted for residential development – whether barn conversion for holiday lets residential development – held that it was – whether compensation to be assessed at date of … Continue reading Moyce v National Grid Electricity Transmission Plc: LT 25 Apr 2008
UTLC COMPENSATION – compulsory purchase – property acquired by agreement as though compulsorily acquired – bridging loan for replacement property bought 12 months before authority took possession – whether claimant entitled to payment for this – held he was not – Land Compensation Act 1961, ss 5, 10A. Citations: [2011] UKUT 169 (LC) Links: Bailii … Continue reading Dunbar v Blackburn With Darwen Borough Council: UTLC 20 Apr 2011
UTLC COMPENSATION – compulsory purchase – dwelling house in poor repair – valuation of freehold interest – Land Compensation Act 1961 section 5, rule (2) – compensation and 35,750 pounds Citations: [2011] UKUT 192 (LC) Links: Bailii Jurisdiction: England and Wales Land, Damages Updated: 13 September 2022; Ref: scu.440790
Citations: [2011] EWCA Civ 129 Links: Bailii Statutes: Land Compensation Act 1961 5 Jurisdiction: England and Wales Land, Damages Updated: 02 September 2022; Ref: scu.429650
UTTC TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007COMPENSATION – compulsory purchase – value of land taken – severance and injurious affection – valuation – comparables – disturbance – Land Compensation Act 1961 section 5, rules (2) and (6); Compulsory Purchase Act 1965 section 7 – compensation determined at pounds 544,400 Citations: [2011] UKUT 18 (LC) Links: … Continue reading East Cheshire Council, Re Heawood Hall Cottage: UTTC 14 Jan 2011
The appellant had sought compensation after compulsory acquisition of his land. He had beaten the final offer made by the respondent, but the tribunal had judged the landowner’s offer itself to be so high that it awarded only part of the costs. He appealed. Held: A finding as to the applicant’s own offer could not … Continue reading Purfleet Farms Ltd v Secretary of State for Transport, Local Government and the Regions: CA 15 Oct 2002
UTLC COMPENSATION – compulsory purchase – site of former plant hire depot – planning permission – whether planning permission to be assumed on the basis that land allocated in the Development Plan – whether any other expectation of planning consent as hope value – development costs – valuation – compensation determined at andpound;1,903,689 – Land … Continue reading Abbey Investments Ltd v London Development Agency: UTLC 16 Sep 2010
The company appealed against the terms of a certificate of appropriate development. Judges: Blake J Citations: [2010] EWHC 1784 (Admin) Links: Bailii Statutes: Land Compensation Act 1961 21 Jurisdiction: England and Wales Land, Damages Updated: 24 August 2022; Ref: scu.424083
COMPENSATION – Compulsory purchase 1.7 hectares of land comprising a former railway line – value – use – assumed planning permission – ransom value – Land Compensation Act 1961 s.5 rules (2) and (3) – Compensation awarded pounds 277,250 Citations: [2001] EWLands ACQ – 32 – 1997 Links: Bailii Land Updated: 23 August 2022; Ref: … Continue reading BRB (Residuary) Ltd v South Yorkshire Passenger Transport Executive: LT 31 Aug 2001
Compulsory Purchase – Compensation – Grazing Land and Part of Car Park Acquired for The A6 – Manchester Airport Relief Road – rule 2 value in no scheme world – s.5, Land Compensation Act 1961 – Compensation determined at pounds 584,971 Citations: [2022] UKUT 28 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 23 … Continue reading Garner and Another v Metropolitan Borough Council of Stockport: UTLC 1 Feb 2022
LT COMPENSATION – purchase notice – land in use as public open space – terrace of houses on land demolished during second world war – whether Third Schedule rights to be assumed – held they were – compensation andpound;1,600,000 – Land Compensation Act 1961 ss 14(1) and 15(3). Citations: [2007] EWLands LCA – 118 – … Continue reading Greenweb Ltd v London Borough of Wandsworth: LT 17 Sep 2007
UTLC COMPENSATION – compulsory purchase of part of forecourt to commercial premises and half road width for highway improvements – loss of rent and rental voids – injurious affection – valuation assumptions – personal time – pre-reference costs – Land Compensation Act 1961 section 5, rule (6) and Compulsory Purchase Act 1965 section 7 – … Continue reading Welford v Transport for London: UTLC 9 Apr 2010
COMPENSATION – Compulsory purchase of land forming part of curtilage to rural property for road improvement scheme – disturbance – Land Compensation Act 1961 section 2, rule (6)- compensation determined at pounds 43,389.90 Citations: [2010] UKUT 121 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 18 August 2022; Ref: scu.415012
COMPENSATION – compulsory purchase – dwelling house in a regeneration area – valuation – comparables – Land Compensation Act 1961 section 5, rule (2) – compensation determined at pounds 96,000 Citations: [2010] UKUT 122 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 18 August 2022; Ref: scu.415014
COMPENSATION – Land Compensation Act 1961 s.5, rr(2), (5) and (6) – compulsory acquisition of riding stables and land – equivalent reinstatement, total extinguishment or relocation – eviction costs – Compensation awarded on basis of relocation pounds 119,438 – no jurisdiction to determine eviction costs Citations: [2002] EWLands ACQ – 127 – 1999 Links: Bailii … Continue reading Prielipp and Another v Secretary of State for Environment, Transport and the Regions: LT 8 Feb 2002
COMPENSATION – Closing Order – premises unfit for human habitation – diminution in value – compensation awarded nil. – Land Compensation Act 1961 and Housing Act 1985, s.584A. Citations: [2000] EWLands LCA – 146 – 2000 Links: Bailii Jurisdiction: England and Wales Land Updated: 16 August 2022; Ref: scu.225616
COMPENSATION – Costs – s.4(1) of Land Compensation Act 1961 – s.3(5) of Lands Tribunal Act 1949 – S. 11(1) of Compulsory Purchase Act 1965 – Interest payable on compensation agreed for injurious affection – Delay in accepting sealed offer – Reason for order for costs against claimant. Citations: [2006] EWLands ACQ – 45 – … Continue reading Tollgate Hotels Ltd v Secretary of State for Transport: LT 1 Jun 2006
COMPENSATION – acquisition following blight notice – development land – planning assumptions – provision of open space – access – cost of necessary highway works – contribution towards general highway improvements – date of grant of assumed planning permission – deferment – net developable area – value per acre – comparables – deduction for poor … Continue reading Purfleet Farms Ltd v Secretary of State for Environment, Transport and the Regions: LT 10 Apr 2001
COMPENSATION – compulsory purchase – house in dilapidated and uninhabitable condition – untraceable owner – valuation – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at pounds 260,000 Citations: [2006] EWLands ACQ – 14 – 2005 Links: Bailii Jurisdiction: England and Wales Land Updated: 14 August … Continue reading Hussain v London Borough of Newham: LT 15 Feb 2006
COMPENSATION – Compulsory acquisition of agricultural land for strategic redevelopment – actual and assumed planning permission (ss 14-16 Land Compensation Act 1961) – abnormal development costs – valuation – compensation pounds 500,000 Citations: [2003] EWLands ACQ – 35 – 2002 Links: Bailii Jurisdiction: England and Wales Land Updated: 14 August 2022; Ref: scu.225758
The tribunal considered the compulsory acquisition of land for the construction of a spine road through a housing development, where rule (3) of the Rules had been considered in the context of whether the land held the key to its completion. Held: In so far as the reference land attracted a special value as the … Continue reading Laing Homes Ltd v Eastleigh Borough Council: LT 1978
UTLC COMPENSATION – compulsory purchase -preliminary issue -small part of claimant’s land within the limits of deviation for Channel Tunnel Rail Link and eventually compulsorily acquired under Channel Tunnel Rail Link Act 1996 – claim advanced for value of land taken and severance and injurious affection – claim also advanced under rule 6 of Land … Continue reading Pattle and Another v the Secretary Of State for Transport: UTLC 21 Jul 2009
UTLC COMPENSATION – compulsory purchase – preliminary issues – planning permission – whether permission to be assumed on basis that land ‘allocated’ in development plan – whether planning permission to be assumed under no-scheme rule – cancellation assumption – chances of planning permission for different development options – Spirerose – Land Compensation Act 1961 s16(2). … Continue reading Urban Edge Group Ltd v London Underground Ltd: UTLC 4 Jun 2009
LT COMPENSATION – Compulsory purchase of land for purpose of nature reserve to compensate for loss of SSSI caused by Cardiff Bay Barrage – preliminary issues – Land Compensation Act 1961 s 5 rule (3) – Pointe Gourde rule – held land had no special suitability or adaptability for purpose – rule (3) did not … Continue reading Waters and others v Welsh Development Agency: LT 3 Nov 2000
COMPENSATION – compulsory purchase – preliminary issues – planning permission – whether planning permission to be assumed on the basis that land allocated in development plan – whether any other expectation of planning permission as hope value – whether reserved matters approval pursuant to existing outline planning permission to be assumed – Land Compensation Act … Continue reading Thomas Newell Ltd v Lancaster City Council: UTLC 8 Feb 2010
COMPENSATION – compulsory purchase – former mill building occupied by various businesses – value – whether planning permission required to use bulk of accommodation as offices – held that it was – cost of essential repairs – whether 50 per cent vacancy rate should be adjusted to reflect impact of proposed CPO – held that … Continue reading Thomas Newall Ltd v Lancaster City Council: UTLC 15 Dec 2011
Basingstoke was to be expanded to receive overspill population from London and the corporation contracted to purchase about 550 acres from a landowner on terms that the price would be assessed as though the land had been compulsorily acquired under the 1952 Act. About 383 of the 550 acres were, in the town development plan, … Continue reading Camrose v Basingstoke Corporation: CA 1966
The date of the acquiring proposal is the date to consider as to planning aspects on deciding whether to quash a certificate of appropriate development. Judges: Dyson J Citations: Times 11-Jul-1997, [1997] EWHC Admin 538 Statutes: Land Compensation Act 1961 22(2) Jurisdiction: England and Wales Cited by: Appeal from – Secretary of State for Environment … Continue reading Fletcher Estates (Harlescott) Ltd and Executors of J V Longmore v Secretary of State for Environment and Secretary of State for Transport: Admn 10 Jun 1997
Land was to be valued at the date of the proposal to acquire it compulsorily allowing a discount for any damage to the value incurred by the long expectation of that particular proposal and its consequences and not by reference to another proposal which it replaced. Buxton LJ: ‘[The landowners] contended that . . the … Continue reading Secretary of State for Environment v Fletcher Estates (Harlescott) Limited and Secretary of State for Environment v Newell; Longmore and Longmore (the Executors of J V Longmore): CA 11 Jun 1998
The authority appealed against an order requiring it to pay a sum in compensation on the purchase of land which was more than one hundred times its market value. Held: Where the authority compulsorily acquired open land after declining a planning application for that land by the owner, it was to be valued on the … Continue reading Greenweb Ltd v London Borough of Wandsworth: CA 31 Jul 2008
The taxpayer company had received compensation for having been excluded from its business premises for a period until a compulsory purchase process failed. It treated the receipt as capital. The revenue said it was income. Held: The court considered how to treat mistakes of law by lower courts.Buxton LJ said: ‘We were assured on all … Continue reading Able (UK) Ltd v Revenue and Customs: CA 22 Nov 2007
LT COMPENSATION – Compulsory purchase – acquisition of retail premises in connection with major city centre regeneration project – valuation method – whether total extinguishment or notional relocation – suitability of alternative premises – value of existing lease (rule 2) – disturbance (rule 6) – Land Compensation Act 1961 s.5 – compensation awarded andpound;700,000 Citations: … Continue reading Crowley and Another (T/A Contraband Discount Stores) v Liverpool PSDA Ltd and Another: LT 14 Feb 2007
COMPENSATION – Costs – Sealed offer accepted – S.4(1) of Land Compensation Act 1961 – s.3(5) of Lands Tribunal Act 1949 – Reasonable time for acceptance of sealed offer – Guidance as to form of sealed offer Citations: [2006] EWLands CON – 87 – 2004 Links: Bailii Statutes: Land Compensation Act 1961 4(1) Jurisdiction: England … Continue reading Chapter Group Plc v London Regional Transport and Another: LT 25 Jan 2006
LT COMPENSATION – compulsory purchase – houses in disrepair – owner of intermediate long leasehold interest not responding to CPO – value – comparable transactions – Land Compensation Act 1961 Part 1 – compensation Citations: [2005] UKLands ACQ – 5 – 2004 Links: Bailii Statutes: Land Compensation Act 1961 Land, Damages Updated: 01 July 2022; … Continue reading Fairhold Ltd v St Helens Metropolitan Borough Council: LT 1 Aug 2005
LT COMPENSATION – compulsory purchase – abandoned house in dilapidated condition – untraceable owner – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at andpound;60,000 Citations: [2005] EWLands ACQ – 96 – 2002 Links: Bailii Statutes: Housing Act 1985 17, Land Compensation Act 1961 Land Updated: … Continue reading Garrod v London Borough of Newham: LT 20 Apr 2005
LT COMPULSORY PURCHASE – compensation – mineral-bearing agricultural land – land acquired to provide flood relief channel – whether statutorily assumed planning permission restricts right to extract minerals to acquiring authority only – prospects of extracting minerals in no scheme world from land taken and retained land – whether value of minerals to be assumed … Continue reading Colneway Ltd v Environment Agency: LT 16 Jun 2003
Land Compensation Act 1961, s.5 rule 6 – Claim for ‘holding costs’ on property rendered unsaleable by threat of acquisition -Loss to take account of movement in market and rent received – Effect of overall blight arising from scheme distinguished. Citations: [2001] EWLands ACQ – 147 – 2000 Links: Bailii Jurisdiction: England and Wales Land … Continue reading Ryde International Plc v London Regional Transport: LT 12 Feb 2001
LT COMPENSATION – compulsory acquisition of leasehold shop and premises – total extinguishment of business – disturbance – analysis of accounts – treatment of wife’s earnings – depreciation of capital assets – multiplier – Land Compensation Act 1961 s1 – Award: andpound;73,176. Citations: [2001] EWLands ACQ – 105 – 1999 Links: Bailii Jurisdiction: England and … Continue reading Halil v London Borough of Lambeth: LT 2 Mar 2001
Appeal by way of case stated against a decision of the General Commissioners as to whether a certain compensation payment received by the appellant under section 31(3) of the Land Compensation Act 1961 was income or capital. The General Commissioners decided that the payment was income. Judges: Briggs J Citations: [2006] EWHC 3046 (Ch) Links: … Continue reading Able (UK) Ltd v Revenue and Customs: ChD 19 Oct 2006
Judges: Lightman J Citations: [2006] EWHC 1535 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Able (UK) Ltd v Revenue and Customs ChD 19-Oct-2006 Appeal by way of case stated against a decision of the General Commissioners as to whether a certain compensation payment received by the appellant under section 31(3) … Continue reading Able (UK) Holdings Ltd v HM Inspector of Taxes: ChD 30 Jun 2006
Where payment of compensation for the compulsory purchase of land was delayed, the interest set down by the Act as prescribed from time to time was the only compensation payable for that delay. The claimant’s losses in this case by way of loss of rental income had already been provided for in the calculation of … Continue reading Kashif Mallick v Liverpool City Council: CA 14 Jul 1999
COMPENSATION – reference to the Upper Tribunal shortly before expiry of limitation period – case ultimately settling (upon a basis involving the grant back of rights to the claimants rather than the payment of compensation) – costs applications made by both sides – whether the provisions of Land Compensation Act 1961 section 4 (1)(b) engaged … Continue reading City of London v Transport for London, Re: Billingsgate Market: UTLC 26 Oct 2018
UTLC COMPENSATION – compulsory purchase – acquisition of land in connection with major city centre regeneration project – valuation – injurious affection to retained land – betterment – Land Compensation Act 1961 section 5, rule (2) and section 7; Compulsory Purchase Act 1965 section 7 – Compensation pounds 746,610 Judges: Francis FRICS Citations: [2012] UKUT … Continue reading Merseyside Police Authority v Liverpool City Council: UTLC 30 Apr 2012
COMPENSATION – compulsory purchase – land required for road widening and access to development – the form of planning permission to be assumed on the basis that land allocated in the Development Plan – whether in the alternative land had ransom value – valuation – compensation determined at pounds 650,000 – Land Compensation Act 1961 … Continue reading Kaufman and Another The Borough Council of Gateshead: UTLC 8 Mar 2012
UTLC COMPENSATION – compulsory purchase – retail and office premises – valuation on investment basis – rental values – yield – disturbance – abortive relocation costs – forensic accountancy fees – claimants’ time – compensation andpound;2,200,000 – Land Compensation Act 1961 section 5, rules (2) and (6) Citations: [2011] UKUT 466 (LC) Links: Bailii Statutes: … Continue reading Khurana and Others v Transport for London: UTLC 29 Nov 2011
UTLC COMPENSATION – compulsory purchase of shop premises – valuation of occupier’s interest – disturbance – Land Compensation Act 1961 Section 5, rules (2), (5) and (6). Compensation determined at andpound;50,282.82 Judges: Francis FRICS Citations: [2009] UKUT 110 (LC), [2010] RVR 112 Links: Bailii Statutes: Land Compensation Act 1961 5 Jurisdiction: England and Wales Land, … Continue reading Azzopardi (T/A Express Homes) and Another v London Development Agency: UTLC 17 Jun 2009
UTLC COMPENSATION – Compulsory purchase of shop and residential accommodation – valuation – basic loss payment – compensation determined at pounds 550,000 – Land Compensation Act 1961 section 5, rule (2)and Land Compensation Act 1973, section 33A Citations: [2010] UKUT 46 (LC) Links: Bailii Statutes: Land Compensation Act 1961 5, Land Compensation Act 1973 33A … Continue reading Jedynak v Stratford-On-Avon District Council: UTLC 19 Feb 2010
UTLC COMPENSATION – compulsory purchase – preliminary issue – valuation of land with lawful use certificates and planning permission – claimant operating without necessary waste management licence – Land Compensation Act 1961, section 5(4 ) – whether any increase in value due to unlawful use that should not be taken into account. Citations: [2009] UKUT … Continue reading Taff v Highway Agency: UTLC 10 Jul 2009
UTLC COMPENSATION – compulsory purchase – dwelling house in a Regeneration Area valuation – methodology – comparables – Land Compensation Act 1961 section 5, rule (2) compensation determined at pounds 52,000 Citations: [2009] UKUT 154 (LC) Links: Bailii Statutes: Land Compensation Act 1961 5 Jurisdiction: England and Wales Land, Damages Updated: 26 May 2022; Ref: … Continue reading Griffiths v Salford City Council: UTLC 5 Aug 2009
Harman LJ described the section as ‘monstrous legislative morass’ and ‘a Slough of Despond’. Judges: Harman LJ Citations: [1964] 3 All ER 390, [1964] 1 WLR 1218 Statutes: Land Compensation Act 1961 6 Cited by: Appeal from – Davy v Leeds Corporation HL 1965 The Corporation declared an area in which the appellants owned some … Continue reading Davy v Leeds Corporation: CA 1964
The claimants owned 74 acres of an area of 391 acres in Liverpool which the Corporation wanted to acquire for residential development. The authority acquired the land by agreement and made a compulsory purchase order in respect of the remainder. Held: The purpose of the Pointe Gourde principle is to prevent the compensation for the … Continue reading Wilson v Liverpool Corporation: CA 1971
Lawton LJ considered the scheme of compensation under the 1961 Act and said: ‘The assessment of compensation in cases such as this is a most difficult task calling for the judicial use of fertile imagination. Assumptions have to be made (see ss 14, 15 and 16) and some realities disregarded (eg any increase in value … Continue reading Trocette Property Co Ltd v Greater London Council: CA 1974
The landowner had developed land which was then made the subject of compulsory purchase. The court was asked how the compensation was to be calculated. The landowner expected to sell the development as a whole. The respondent argued that the profit which a purchaser would build into that purchase should affect the compensation. Held: The … Continue reading Ryde International Plc v London Regional Transport: CA 5 Mar 2004
LT COMPENSATION – simplified procedure – compulsory acquisition of grassland with hardstanding and shed – whether undertaking given at CPO inquiry that compensation would be assessed on cost of reinstatement – whether compensation to be assessed under r(5) of s 5 Land Compensation Act 1961 – whether compensation for reinstatement can be claimed as disturbance … Continue reading Nicholls v Highways Agency: LT 31 Dec 1997
LT Compensation on compulsory purchase of business land included loss on forced machinery sale, accountants fees and so on. Citations: Gazette 11-Mar-1998 Statutes: Land Compensation Act 1961 Jurisdiction: England and Wales Land Updated: 10 April 2022; Ref: scu.89233
UTLC COMPENSATION – Compulsory Purchase – house acquired as part of wider regeneration programme – property in derelict condition – market value – cost of repair works – residual value – loss of rental income – whether basic loss payment calculated by reference to market value or whole claim – Land Compensation Act 1961 section … Continue reading Khan v Stockton-On-Tees Borough Council: UTLC 2 Nov 2017
Compulsory Purchase – Business Extinguished By CPO – separate car showroom building not acquired – claim for lease breakage – whether evidence sufficient to show loss – pre-reference costs determined at pounds 198,959.65 – section 5, Land Compensation Act 1961 Citations: [2020] UKUT 303 (LC) Links: Bailii Statutes: Land Compensation Act 1961 5 Jurisdiction: England … Continue reading Chiver v St Helens Borough Council: UTLC 9 Nov 2020
UTLC COMPENSATION – PLANNING PERMISSION – certificate of appropriate alternative development – compulsory purchase of former railway land – whether planning permission would have been granted for change of use of former operational building(s) said to be in Green Belt – conditions to be attached to agreed scrap yard and fuel recovery uses – ss. … Continue reading Boulder Bridge Lane Trust v Barnsley Metropolitan Borough Council: UTLC 14 Mar 2017
LT COMPENSATION – Compulsory purchase of land for the construction of a road – value – assumed planning permission – value of minerals – planning permission for a commercial minerals operation not granted or to be assumed – compensation assessed on basis of agricultural value at andpound;17,000 – Alternative valuation (Rule 50(4) Lands Tribunal Rules … Continue reading C F and M G Roberts v South Gloucestershire District Council: LT 31 Dec 1994
UTLC COMPENSATION – Compulsory purchase – Grade II Listed house in disrepair – owner’s failure to comply with Repairs Notice or Urgent Works Notice – development prospects – cost of repair and renovation – valuation – comparables – Section 5(2) Land Compensation Act 1961- compensation determined at andpound;125,000 Citations: [2017] UKUT 2 (LC) Links: Bailii … Continue reading Meredith v King’s Lynn and West Norfolk Borough Council: UTLC 12 Jan 2017
UTLC COMPENSATION – Compulsory Purchase of Grade II listed buildings in poor repair – valuation by comparables or residual method – cost of repair and reinstatement – Land Compensation Act 1961 section 5, rule (2) – compensation determined at pounds 32,500 [2010] UKUT 390 (LC) Bailii Land Compensation Act 1961 England and Wales Land Updated: … Continue reading Hemingby Agricultural Traders Ltd and Another v East Lindsey District Council: UTLC 28 Oct 2010
UTLC COMPENSATION – Compulsory acquisition of dwellinghouse following acceptance of a blight notice – valuation – comparables – Land Compensation Act 1961 section 5, rule (2) – total compensation andpound;170,445 P R Francis FRICS [2010] UKUT 405 (LC), [2011] RVR 199 Bailii England and Wales Land Updated: 23 January 2022; Ref: scu.569610
UTLC COMPENSATION – modification order – preliminary issue – leaseholder claimant – freeholder granting lease to another person on expiry of claimant’s lease – whether compensation could be claimed on basis that in the absence of the modification a new lease would have been granted to the claimant – held that it could not – … Continue reading Bond and Others v Dorset County Council: UTLC 11 Oct 2010
