Nicholls v Highways Agency [2000] EWLands ACQ_141_1997 (14 January 2000)

Nicholls v Highways Agency [2000] EWLands ACQ_141_1997 (14 January 2000)

Compensation for the hardstanding and shed must be assessed on market value under rule (2) of s 5 Land Compensation Act 1961, as the land was used for grazing (an agricultural purpose with a general market), no undertaking for reinstatement was given, and no disturbance loss was incurred by the claimant.

Citation
[2000] EWLands ACQ_141_1997
Parties
Claimant: Leslie Bernard Nicholls; Acquiring Authority: Highways Agency
Jurisdiction
England and Wales
Judgment Date
14 January 2000
Procedural Posture
Compensation for Compulsory Acquisition / Final Decision After Hearing Under Simplified Procedure
Outcome
Claim for reinstatement-based compensation rejected; compensation awarded on market value basis.
Legal Topics
Compensation Assessment, Market Value Vs Reinstatement, Disturbance Compensation, Land Compensation Act 1961, Compulsory Purchase Act 1965
Compulsory Purchase Land Law Compensation Assessment Market Value Vs Reinstatement Disturbance Compensation Land Compensation Act 1961 Compulsory Purchase Act 1965

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Parties

Leslie Bernard Nicholls

Claimant

Highways Agency

Acquiring Authority

Procedural Posture

Compensation for Compulsory Acquisition / Final Decision After Hearing Under Simplified Procedure

Legal Issues

  1. 1 Whether compensation for hardstanding and shed should be assessed on cost of reinstatement or market value
  2. 2 Whether an undertaking was given at the CPO inquiry that compensation would be on a reinstatement basis
  3. 3 Whether compensation for reinstatement can be claimed as disturbance

Ratio Decidendi

Compensation for the hardstanding and shed must be assessed on market value under rule (2) of s 5 Land Compensation Act 1961, as the land was used for grazing (an agricultural purpose with a general market), no undertaking for reinstatement was given, and no disturbance loss was incurred by the claimant.

Court Disposition

Claim for reinstatement-based compensation rejected; compensation awarded on market value basis.

Orders

  • Compensation of £3,500 plus surveyors' fees under Rydes scale awarded to claimant.
  • Claimant to pay acquiring authority's costs of the hearing on 6 December 1999, subject to detailed assessment if not agreed.