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 Act are intended to facilitate the task at arriving at fair compensation. With or without permission for a road, the claimant had no expectation in the real world of realising the value of his minerals in the foreseeable future, for the reasons set out in the decision on the section 17 application, and there is no reason for him to be compensated for its loss.’
Judges:
Carnwath LJ, Potter LJ
Citations:
[2002] EWCA Civ 1568, [2003] 18 EG 114, [2003] RVR 43, [2003] P and CR 411
Links:
Statutes:
Land Compensation Act 1961 5(4) 39(1)
Jurisdiction:
England and Wales
Citing:
Appeal from – 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 . .
Cited – Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands PC 29-Jul-1947
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 . .
Cited – Wilson v Liverpool Corporation CA 1971
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.
Cited – Myers v Milton Keynes Development Corporation CA 1974
Land was to be acquired for the development of a new town. The court faced the issue, in the context of a valuation for compulsory purchase, of whether the required disregard of any increase in value attributable to the ‘scheme’ meant that the . .
Cited – Northavon District Council v Secretary of State 1980
The introduction onto land of waste material can be either a change of use or an operation, depending on whether the purpose is to get rid of the material or to alter the character of the land. . .
Cited – Regina (On the Application of Lowther) v Durham County Council and Another CA 24-May-2001
The landowner sought to alter the fuel it used in a furnace at Thrislington, Durham, to a fuel which was constituted from waste. The council received a second opinion to the effect that the new fuel did not constitute a change in use. The objector . .
Cited – Hoare and Another v National Trust CA 13-Oct-1998
The rating hypothesis must be interpreted to allow for the actual policies of the tenant. Where the tenant would not overbid despite the finding that properties of this type could not be managed to produce a profit. Nil rating was appropriate. Peter . .
Cited – Trocette Property Co Ltd v Greater London Council CA 1974
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, . .
Cited – Hoare and Another v National Trust CA 13-Oct-1998
The rating hypothesis must be interpreted to allow for the actual policies of the tenant. Where the tenant would not overbid despite the finding that properties of this type could not be managed to produce a profit. Nil rating was appropriate. Peter . .
Cited – Copeland Borough Council v Secretary of State for the Environment 1976
An enforcement notice was served relating to a dwelling house which had been built with a roof covering of the wrong colour. The authority had described the breach of planning control by reference to the construction of the roof, rather than the . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 27 October 2022; Ref: scu.178111
