Land with an existing use value of andpound;3,000 had been valued by the Lands Tribunal for purchase at andpound;2.15m.
Held: The ransom value decision by the Lands Tribunal was not wrong in law and was upheld. It was necessary to value the land by imagining the state of affairs that would have existed in the no-scheme world but assuming that planning permission existed for the scheme development. ‘In order correctly to apply the Point Gourde principle it necessary, first, to identify the scheme and, secondly, its consequences. The valuer must then value the land by imagining the state of affairs, usually called ‘the no-scheme world’, which would have existed if there had been no scheme.’
Judges:
Lord Justice Nourse Lord Justice Beldam Lord Justice Simon Brown
Citations:
Times 20-Jul-1994, (1994) 2 EGLR 32, (1994) 68 P and CR 391
Jurisdiction:
England and Wales
Citing:
Cited – Batchelor v Kent County Council CA 1989
The Council had compulsorily acquired land for highway improvement. It was within an area scheduled for residential development. Outline permission for development of neighbouring land had been granted but the development could not proceed until the . .
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 . .
Cited – Bolton Metropolitan Borough Council v Tudor Properties Ltd and Others CA 19-Apr-2000
The court had to consider the compensation to be awarded on the compulsory purchase of land.
Held: The appeal failed. The tribunal had not erred in ascertaining the extent of the underlying scheme. In deciding that, they were entitled to have . .
Cited – J A Pye (Oxford) Limited v Kingswood Borough Council CA 6-Apr-1998
The purchase of land which was to form the last part of a development was to be valued without taking account of the enhanced value which would be attributed to the much larger scheme of development. To ascertain what is to be ignored by the valuer . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 06 August 2022; Ref: scu.90296