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 key to the completion of the spine road, rule (3) in the section would exclude such special value. Within the terms of rule (3), the reference land possessed the quality of special suitability for building the spine road. The market for such a purpose would be limited. In this case, the special suitability of the reference land for the purpose of building the spine road should not be taken into account because for that purpose there is no market apart from the requirements of Eastleigh or the special needs of Mill Lodge on behalf of Eastleigh’
Judges:
E C Strathon FRICS
Citations:
(1978) 250 EG
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – C F and M G Roberts v South Gloucestershire District Council LT 31-Dec-1994
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 . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 06 August 2022; Ref: scu.188855
