Mr Joliffe owned a garage on a busy road. Adjoining land was involved in a widening scheme, the result of which was to leave his garage at the end of a cul de sac, though no land was taken from him.
Held: Section 10 gave him no right to compensation. Where the execution of the works is facilitated by a stopping-up order made by a different compensating authority, under a different statutory scheme not incorporating the 1965 Act, the stopping up does not give rise to a claim under section 10.
Davies LJ noted that the stopping up of the street was done by the Minister under the Town and Country Planning Act, which made no provision for compensation.
Russell LJ said that: ‘the execution of the works authorised, that is to say, the construction of the highway’ had no injurious effect on the plaintiff’s property and ‘The damage was already done. Coombe Street, before a pick or spade had been laid on the works, had been turned into a cul-de-sac so far as the plaintiff was concerned.’
Lord Denning said od a stopping up order that it: ‘authorised the stopping up of various streets in Exeter, including this part of Coombe Street. But it is important to observe that the Act of 1947 contains no provision for compensation. In this respect the Act is like the old Highways Act, 1835. The legislature provided for local inquiries and confirmation by quarter sessions, but no provisions for compensation. Under that Act the stopping up might ruin a man’s trade, but he could recover no compensation. So here, the stopping up of Coombe Street may damage Mr Joliffe’s trade in that street, but he can recover no compensation on that account.’
Lord Denning, Davies LJ, Russell LJ
[1967] 1 WLR 993
England and Wales
Cited by:
Cited – Moto Hospitality Ltd v Secretary of State for Transport CA 26-Jul-2007
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2021; Ref: scu.259679 br>