Hooper v City & County of Swansea [2000] EWLands ACQ_68_1997 (15 February 2000)

Hooper v City & County of Swansea [2000] EWLands ACQ_68_1997 (15 February 2000)

The Tribunal held that, disregarding the comprehensive development scheme, planning permission would have been granted for 15 detached houses on the subject land. The appropriate valuation method was to assess the land's value based on self-build plot sales, deducting reasonable infrastructure costs. The best comparables supported a value of £138,250 for the land as at the valuation date.

Citation
[2000] EWLands ACQ_68_1997
Parties
Claimant: Mr P M Hooper; Acquiring Authority: City and County of Swansea
Jurisdiction
England and Wales
Judgment Date
15 February 2000
Procedural Posture
Compulsory Purchase Compensation Reference / Final Determination of Compensation
Outcome
Compensation determined for claimant
Legal Topics
Compensation Assessment, Assumed Planning Permission, Valuation Methodology, Development Potential, Comparables in Land Valuation
Compulsory Purchase Land Valuation Planning Law Compensation Assessment Assumed Planning Permission Valuation Methodology Development Potential Comparables in Land Valuation

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Parties

Mr P M Hooper

Claimant

City and County of Swansea

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Determination of Compensation

Legal Issues

  1. 1 What planning permission should be assumed for the subject land for compensation purposes?
  2. 2 What is the appropriate method and level of valuation for the acquired land?

Ratio Decidendi

The Tribunal held that, disregarding the comprehensive development scheme, planning permission would have been granted for 15 detached houses on the subject land. The appropriate valuation method was to assess the land's value based on self-build plot sales, deducting reasonable infrastructure costs. The best comparables supported a value of £138,250 for the land as at the valuation date.

Court Disposition

Compensation determined for claimant

Orders

  • The acquiring authority shall pay compensation to the claimant in the sum of £138,250.