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 of the permanent stopping-up orders.
Lord Justice Carnwath
 EWCA Civ 764,  NPC 95,  RVR 247, (2007) 157 SJLB 1426,  1 WLR 2822,  2 All ER 718
England and Wales
Cited – Ocean Leisure Ltd v Westminster City Council LT 31-Dec-2003
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 . .
Appeal from – Moto Hospitality Ltd v Highways Agency LT 28-Jul-2006
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’ – . .
Cited – Ricket v Metropolitan Railway Co HL 1867
Lord Cranworth considered the adverse effect of building railways on nearby businesses, and in particular the Pickled Egg public house: ‘The very existence of a railway must cause loss to many persons in its neighbourhood. Every inn or posting-house . .
Cited – Hammersmith and City Railway Co v Brand HL 13-Jul-1869
In the absence of negligence, damage caused by operations authorised by statute is not compensatable unless the statute expressly so provides. The wording of the sections, and in particular section 6 of the Railways etc Act, only entitled a claimant . .
Cited – Benjamin v Storr 1874
The plaintiff’s coffee house was badly affected by the defendant’s wagons standing for long periods in the narrow street outside for the purposes of loading and unloading goods. The wagons blocked his light and the frequent stabling of the horses . .
Cited – Caledonian Railway Co v Walker’s Trustees 1882
The court considered the extent of the duty to compensate for disturbance of a business when land was compulsorily purchased. Lord Selborne LC said: ‘The obstruction by the execution of the work, of a man’s direct access to his house or land, . .
Cited – Harper v GN Haden and Sons CA 1932
The occupier of a ground floor and basement shop sought damages from the tenants of the upper floors. In order to construct an additional storey, they had erected scaffolding and a hoarding which obstructed the highway outside the plaintiff’s . .
Cited – Westminster City Council v Ocean Leisure Limited CA 21-Jul-2004
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 . .
Cited – Edwards v Minister of Transport 1964
The landowner claimed for injurious affection of the remainder of his land after part was acquired by compulsory purchase.
Held: The claim for injurious affection was confined to the effects of works and uses on the land taken. . .
Cited – Jolliffe v Exeter Corporation CA 1967
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 . .
Cited – Wildtree Hotels Ltd and others v Harrow London Borough Council HL 22-Jun-2000
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 . .
Cited – Wagstaff v Department of Environment Transport and the Regions 1999
Cited – Clift and Another v Welsh Office CA 23-Jul-1998
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. . .
Cited – Vasiliou v Secretary of State for Transport CA 1991
When considering the revocation or modification of a planning consent, any impact on an interested party is a relevant consideration. A planning permission should not have been granted closing a public road without considering its adverse effect on . .
Cited – Wildtree Hotels Ltd And Others v London Borough of Harrow CA 11-Jun-1998
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 . .
Cited – Chamberlain v West End of London Railway Co CExC 1862
The court had found that, after railway works cut off highway access, and, notwithstanding the provision of a deviation road, the value of the claimant’s properties as shops had been ‘greatly diminished’ by the reduction in the number of people . .
Cited – Ferrar v City Sewers Commissioners 1868
(Year?) A special Act incorporated the provisions of the 1845 Act other than those related to ‘the taking of land otherwise than by agreement’.
Held: Section 68 was not incorporated, because it was one of a series of clauses headed ‘with . .
Cited – Metropolitan Board of Works v McCarthy HL 1874
Compensation was awarded to the owner of a warehouse near Blackfriars because the construction of the Victoria Embankment cut off his access across the public highway to a dock on the river. Lord Cairns LC quoted Thesiger QC as saying: ‘Where by the . .
Cited – Re 6, 8, 10 and 12 Elm Avenue, New Milton; Ex parte New Forest District Council ChD 1984
Scott J accepted Kirby as authority for the application of section 10 to works on land acquired by agreement. In an application for a declaration that land is not restricted by a covenant, the onus is on the plaintiff to prove that it is not so . .
Cited – Kirby v Harrogate School Board CA 1896
The Board had power under the 1870 Act to acquire land to build school accommodation. The 1845 Act was to apply ‘with respect to the purchase of land’ for the purposes of the 1870 Act. The Board began to erect a school building on a site which they . .
Cited – Harpur v Mayor of Swansea HL 1913
A special Act for waterworks gave power to ‘take or use’ any land for the construction of works, subject to compensation under the 1845 Act. The works involved the laying of pipes in the public road, and the claim was by the authority responsible . .
Cited – Waters and others v Welsh Development Agency HL 29-Apr-2004
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 . .
Cited – Director of Buildings and Lands v Shun Fung Ironworks Ltd PC 20-Feb-1995
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 . .
Cited – Horn v Sunderland Corporation CA 1941
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 May 2022; Ref: scu.258397