The House described the way that the 1845 Act continued to affect the calculation of compensation: ‘The relevant section of the Act of 1845 (section 68) has, over 100 years, received through a number of decisions, some in this House, and by no means easy to reconcile, an interpretation which fixes upon it a meaning … Continue reading Argyle Motors (Birkenhead) v Birkenhead Corporation: HL 1974
The Council had taken possession of the company’s land under compulsory purchase powers, but the company delayed its claim for compensation, and the Council now said that the claim was time barred. Held: The claim was indeed time barred. The cause of action for an entry under a compulsory purchase arose at the date of … Continue reading Hillingdon London Borough Council v ARC Ltd: ChD 12 Jun 1997
In compensation for compulsory purchase (in this case, of graveyards), ‘value’ means value to the owner, not value to the purchaser. The graveyards were therefore of little or no value to the rector. Cockburn CJ said: ‘When Parliament gives compulsory powers, and provides that compensation shall be made to the person from whom property is … Continue reading Stebbing v Metropolitan Board of Works: 1870
Land at the St Lawrence river was to be valued for a compulsory purchase. Held: Value does not mean the value of ‘the realized undertaking as it exists in the hands of the undertaker’. It means the price which possible undertakers would give. This should be tested by the imaginary market which would have ruled … Continue reading Cedars Rapids Manufacturing and Power Co v Lacoste: PC 1914
One ground on which the arbitrators’ valuation award on a compulsory purchase, was set aside was that, in valuing the falls of a river and adjacent land acquired for electricity generation purposes, the arbitrators had taken into account the enhanced value emanating from a reservoir being built by the acquiring authority higher up the river. … Continue reading Fraser v City of Fraserville: PC 1917
The Corporation declared an area in which the appellants owned some slum houses to be a slum clearance area and made a compulsory purchase order. Compensation was to be assessed under the 1919 Act and the 1959 Act. The appellants were entitled to receive in compensation the value of their land as sites cleared of … Continue reading Davy v Leeds Corporation: HL 1965
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
COMPENSATION – Compulsory Purchase – vacant house in disrepair acquired by General Vesting Declaration – negative equity – claim by mortgagee – unresponsive mortgagor named as interested party – compensation determined at pounds 20,000 – section 15, Compulsory Purchase Act 1965 Citations: [2020] UKUT 295 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 01 … Continue reading Pepper (UK) Ltd v Burnley Borough Council (Compensation – Compulsory Purchase): UTLC 27 Oct 2020
Land had been compulsorily purchased, and the compensation agreed, but after long delays in payment, not as to the calculation of interest. Held: Interest would be payable from the date of entry. The limitation period arose only once the amount of interest payable was agreed. [1997] EWCA Civ 2555, [1998] 1 All ER 33 Bailii … Continue reading Halstead v Council of City of Manchester: CA 23 Oct 1997
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been purchased by contributions made by the plaintiff in the civilan scheme as to … Continue reading Parry v Cleaver: CA 9 May 1967
Statutory Challenge must be timely The applicant had not taken objection to a proposed road scheme believing wrongly that it would not affect his business. Other objectors had withdrawn because of secret re-assurances given to them by the respondent. Held: The court was asked, in effect, whether the decision in East Elloe had been overruled … Continue reading Regina v The Secretary of State for the Environment, ex Parte Ostler: CA 16 Mar 1976
The mere fact that an enactment shows that Parliament must have thought that the law was one thing, does not preclude the courts from deciding that the law was in fact something different. The position would be different if the provisions of the enactment were such that they would only be workable if the law … Continue reading West Midland Baptist (Trust) Association (Inc) v Birmingham Corporation: HL 1970
Estoppel Cannot Oust Statutory Discretion The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied. Held: The appeal failed. The court tried to reconcile invocations of estoppel with … Continue reading Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978
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
The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made. Held: The court can interfere if the decision maker has taken into account a consideration which is immaterial, or failed to take account of … Continue reading Ashbridge Investments Ltd v Minister of Housing and Local Government: CA 1965
The business was owned by DHN and the land upon which the business was operated was owned by a wholly owned subsidiary, Bronze. The Council acquired land owned by Bronze on which DHN operated its cash and carry warehouse. The Council submitted that . .
The water board obtained a compulsory purchase order to buy agricultural land adjoining a reservoir. The land was subject to protected tenancies under the 1948 Act.
Held: (Majority) Because the land subject to notices to treat was required for . .
LT COMPENSATION – Compulsory Purchase – dwelling house -freeholder in bankruptcy – trustee in bankruptcy disclaiming interest -freehold determined on escheat – absentee first chargee -compensation determined at . .
The company sought compensation for land taken under compulsory purchase powers by the defendants several years before. It now appealed against the defeat of its claim as time-barred.
Held: The appeal failed. The limitation period for a claim . .
The company sought damages to its business on a motorway service station when works closed an access road.
Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect . .
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UTLC Compensation – compulsory purchase of rights – sterilisation of development value – valuation – rights as ‘exercised’ – s.7 Compulsory Purchase Act 1965 as modified by Gas Act 1986, Schedule 3 para 7 – compensation andpound;Nil [2015] UKUT 452 (LC) Bailii Compulsory Purchase Act 1965 7 England and Wales Land Updated: 04 January 2022; … Continue reading Elitestone Ltd v National Grid Gas Plc: UTLC 2 Sep 2015
UTLC COMPENSATION – preliminary issue – pressure relief shaft constructed under licence – purpose of compulsory acquisition – whether land specially suitable for use as PRS – meaning of ‘special Act’ under s7 of Compulsory Purchase Act 1965 – whether valuation can take account of cost saving to acquiring authority of not having to remove … Continue reading Miller v Network Rail Infrastructure Ltd: UTLC 8 Jul 2014
UTTC TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
COMPENSATION – compulsory purchase – value of land taken – severance and injurious affection – valuation – comparables – disturbance – Land Compensation Act . .
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 . .
Compensation is payable for losses properly anticipating resumption of possession of the land. The principle of equivalence gives rise to the statutory right to interest under section 11(1). The council explained the conceptual foundation of the discounted cash flow basis of calculation: ‘In this calculation the discount rate, or capitalisation rate, comprises the rate at … Continue reading Director of Buildings and Lands v Shun Fung Ironworks Ltd: PC 20 Feb 1995
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
Land remained common land despite the individual rights having been compulsorily purchased by the local Authority. Once abandoned, it remained registerable. Citations: Gazette 08-Mar-1995, Times 03-Feb-1995 Statutes: Compulsory Purchase Act 1965 Jurisdiction: England and Wales Citing: Appeal from – Mid-Glamorgan County Council v Ogwr Borough Council and Others CA 5-Nov-1993 There was no need to … Continue reading Mid-Glamorgan County Council v Ogwr Borough Council and Others: HL 3 Feb 1995
The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In October 1992, the applicant sought a declaration that the … Continue reading Co-operative Insurance Society Ltd v Hastings Borough Council: ChD 23 Jun 1993
Two appeals as to the circumstances in which the concept of ‘statutory incompatibility’ will defeat an application to register land as a town or village green where the land is held by a public authority for statutory purposes. In the first case, five plots in Lancaster were owned by LCC who objected to an application … Continue reading Lancashire County Council, Regina (on The Application of) v SSEFRA and Another: SC 11 Dec 2019
Compulsory purchase – compensation assessment – ‘Increase in value consequent on the execution of the undertaking for or in connection with which the purchase is made must be disregarded.’ Judges: Eve J Citations: [1915] 2 Ch 252 Cited by: Cited – Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands PC 29-Jul-1947 … Continue reading South Eastern Railway Co v London County Council: 1915
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development contributing funds locally, and that such was not capable of being … Continue reading Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019
Land suitable for construction of a reservoir was the subject of a compulsory purchase for that purpose. The circumstances made it very unlikely that anyone other than the Water Board would have wanted, or been able, to construct the reservoir and exploit the water collected in it. In these circumstances, and bearing in mind the … Continue reading In re Lucas and Chesterfield Gas and Water Board: CA 1909
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
A purchaser wrote offering to purchase a house, saying acceptance was subject to her solicitor approving title, covenants, lease and form of contract. Held: It was not a complete contract capable of enforcement: ‘It appears to be well settled by the authorities that if the documents or letters relied on as constituting a contract contemplate … Continue reading Von Hatzfeldt-Wildensburg v Alexander: ChD 26 Jul 1911
Standard Conract – Wide Exclusions, Apply 1977 Act The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages. Held: Even though Wang had been ready to amend one or two of its … Continue reading Pegler Ltd v Wang (UK) Ltd: TCC 25 Feb 2000
Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this plot. Held: ‘All that was necessary, since it was clear that the … Continue reading Waters and others v Welsh Development Agency: HL 29 Apr 2004
Compulsory Purchase Damages limited to Actual Loss Rule (6) was designed to preserve the effect of the 19th Century case-law under the 1845 Act, by which personal loss caused by the compulsory acquisition was treated as part of the value to the owner of the land: ‘the owner in a proper case – that is, … Continue reading Horn v Sunderland Corporation: CA 1941
Repeated Assurances Created Equitable Estoppel Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The need for some detriment was clear. There was no need … Continue reading Gillett v Holt and Another: CA 23 Mar 2000
COMPENSATION – compulsory acquisition of house in poor repair – price to be paid for freehold – comparable values – Compulsory Purchase Act 1965 s.5(3) – compensation pounds 5,700 . .
The council set out to acquire two plots of land for development for housing. After the process had begun, it was decided that some of the land should be uised for educational purposes. A Land Charge had been served but the matter not completed. A . .
Land had been purchased under compulsory purchase powers. It had been subject to restrictive covenants in favour of neighbouring land which would have prevented the development now implemented. The question was how the compensation should be . .
BP sought compensation after its land had been acquired compulsorily. The council said its claim was time barred. BP appealed from the Lands Tribunal, saying an agreement with the Authority had kept its claim alive.
Held: The fact of entry did . .
On assessment of value for a compulsory purchase of land for a reservoir, if the site had ‘peculiar natural advantages’ for the supply of water that could be taken into account, but ‘there is no value for which compensation ought to be given on this . .
Whilst it was settled law that no compensation was payable for temporary disturbance to neighbouring land by building works on land compulsorily purchased, as soon as that disturbance came to produce physical damage, compensation became payable. . .
LT COMPENSATION – compulsory purchase – preliminary issue – notice to treat ceasing to have effect – reference to Tribunal by acquiring authority – whether Tribunal has jurisdiction – whether waiver or estoppel . .
There was no need to serve a notice to treat on each commoner for a compulsory purchase order to proceed. . .
Compensation – Compulsory Purchase – property acquired subject to a mortgage non-participation of mortgagor — property in disrepair – value less than outstanding mortgage debt – comparable transactions – draft consent order – compensation . .
The Tribunal discussed compensation on compulsory purchase, and how the extent of the underlying scheme was to be identified: ‘Before the 1939 war it is broadly, perhaps entirely, true to say that the application of the common law rule was . .
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 – . .
Compensation – Compulsory Purchase – permissibility of heads of claim – compensation under section 19, Landlord and Tenant Act 1927 – right of pre-emption – severance and injurious affection under section 7, Compulsory Purchase Act 1965 – the . .
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 . .
A proposed ring road had been cancelled. The landowners applied for certificates of appropriate alternative development. The Minister confirmed the negative certificates which had been issued by the local planning authority. It was contended that . .
LT COMPENSATION – injurious affection – Compulsory Purchase Act 1965 s 10 – preliminary issue – motorway service area – junction alterations affecting trade – whether damage suffered as result of ‘works’ – . .
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LT COMPENSATION – injurious affection – hoardings erected in street during construction works outside shop premises – preliminary issue – whether claim under Compulsory Purchase Act 1965 s 10 valid – held . .
Land had been compulsorily acquired for a road. The plaintiff was granted on appeal under section 18 of the 1961 Act a certificate of appropriate alternative development in respect of the land acquired, namely that the land acquired would have been . .
Land adjoining a harbour at Vizagapatam which at that time was malarial was to be valued for compulsory purchase. The land contained a spring of clean water. The only potential purchaser of the special adaptability of the land as a water supply was . .
The claimant company owned property next to land which had been acquired to build a new bridge across the Thames. It sought compensation for disturbance to its business from the works.
Held: The state of the law was complicated and . .
The council entered upon land belonging to the company in accordance with the compulsory purchase procedures in 1982, but the company did not bring its claim for compensation until 1992. The council said the were out of time.
Held: Section 9 . .
The compensation which was payable for disturbance, when works were carried out on land acquired compulsorily, did not extend to the damage caused by noise dust and vibration arising from the works. Where however damage could be brought within the . .
