Racheter v Basingstoke & Deane Borough Council [2000] EWLands ACQ_138_1999 (07 June 2000)

Racheter v Basingstoke & Deane Borough Council [2000] EWLands ACQ_138_1999 (07 June 2000)

The compensation for the reference land is £2,000, reflecting its value as amenity land with restrictive covenants and planning refusals, based on comparable sales and appropriate deductions for use limitations, location, and maintenance. No additional compensation is due for severance, injurious affection, or disturbance, as the sale does not diminish the value of the retained property nor cause compensable loss. Each party is to bear their own costs, as the claimant's case was not wholly unreasonable and the Council did not make an admissible protective offer on costs.

Citation
[2000] EWLands ACQ_138_1999
Parties
Claimant: Alan Racheter; Acquiring Authority: Basingstoke and Deane Borough Council
Jurisdiction
England and Wales
Judgment Date
07 June 2000
Procedural Posture
Compensation Determination Under Lands Tribunal Act 1949 Following Purchase Notice (town and Country Planning Act 1990) / Final Determination on Written Representations, Including Costs
Outcome
Compensation determined at £2,000; no order as to costs; each party to bear their own costs.
Legal Topics
Compensation Assessment, Purchase Notice Procedure, Amenity Land Valuation, Restrictive Covenants, Costs in Compulsory Purchase Proceedings
Compulsory Purchase Land Compensation Planning Law Compensation Assessment Purchase Notice Procedure Amenity Land Valuation Restrictive Covenants Costs in Compulsory Purchase Proceedings

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Parties

Alan Racheter

Claimant

Basingstoke and Deane Borough Council

Acquiring Authority

Procedural Posture

Compensation Determination Under Lands Tribunal Act 1949 Following Purchase Notice (town and Country Planning Act 1990) / Final Determination on Written Representations, Including Costs

Legal Issues

  1. 1 What is the appropriate amount of compensation for the compulsory acquisition of amenity land subject to restrictive covenants and planning refusals?
  2. 2 Is the claimant entitled to additional compensation for severance, injurious affection, or disturbance?
  3. 3 Who should bear the costs of the reference?

Ratio Decidendi

The compensation for the reference land is £2,000, reflecting its value as amenity land with restrictive covenants and planning refusals, based on comparable sales and appropriate deductions for use limitations, location, and maintenance. No additional compensation is due for severance, injurious affection, or disturbance, as the sale does not diminish the value of the retained property nor cause compensable loss. Each party is to bear their own costs, as the claimant's case was not wholly unreasonable and the Council did not make an admissible protective offer on costs.

Court Disposition

Compensation determined at £2,000; no order as to costs; each party to bear their own costs.

Orders

  • Council to pay £2,000 compensation to claimant for acquisition of reference land.
  • No compensation for severance, injurious affection, or disturbance.