Waters & Ors v Welsh Development Agency [2000] EWLands ACQ_93_1999 (03 November 2000)

Waters & Ors v Welsh Development Agency [2000] EWLands ACQ_93_1999 (03 November 2000)

Rule (3) of section 5 of the Land Compensation Act 1961 does not apply because the land did not have special suitability or adaptability for the purpose of a nature reserve; other sites could have served the same function. The relevant scheme for the Pointe Gourde rule is the Cardiff Bay Barrage project, not the compensatory nature reserve. Therefore, any increase in value attributable to the need for compensatory measures as a result of the barrage must be excluded from compensation.

Citation
[2000] EWLands ACQ_93_1999
Parties
Claimant: Melville John Waters; Claimant: Elizabeth Lillian Waters; Claimant: William Neville Waters; Claimant: Henry Dyson Preece; Claimant: Sarah H Preece; Claimant: Roger Williams; Claimant: Stephen Waters; Acquiring Authority: Welsh Development Agency
Jurisdiction
England and Wales
Judgment Date
03 November 2000
Procedural Posture
Compensation Claim for Compulsory Purchase / Preliminary Issues Determination
Outcome
Preliminary issues determined in favour of the acquiring authority.
Legal Topics
Compensation Assessment, Pointe Gourde Rule, Special Suitability or Adaptability, Public Purpose Exclusion, Nature Reserves, Statutory Interpretation
Compulsory Purchase Land Law Administrative Law Environmental Law Compensation Assessment Pointe Gourde Rule Special Suitability or Adaptability Public Purpose Exclusion +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 28 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Melville John Waters

Claimant

Elizabeth Lillian Waters

Claimant

William Neville Waters

Claimant

Henry Dyson Preece

Claimant

Sarah H Preece

Claimant

Roger Williams

Claimant

Stephen Waters

Claimant

Welsh Development Agency

Acquiring Authority

Procedural Posture

Compensation Claim for Compulsory Purchase / Preliminary Issues Determination

Legal Issues

  1. 1 Does rule (3) of section 5 of the Land Compensation Act 1961 apply to the acquisition of land for a nature reserve as compensatory measure for SSSI loss?
  2. 2 What is the relevant 'scheme' for the purposes of the Pointe Gourde rule in this context?
  3. 3 Should any increase in value due to the need for compensatory measures be excluded from compensation?

Ratio Decidendi

Rule (3) of section 5 of the Land Compensation Act 1961 does not apply because the land did not have special suitability or adaptability for the purpose of a nature reserve; other sites could have served the same function. The relevant scheme for the Pointe Gourde rule is the Cardiff Bay Barrage project, not the compensatory nature reserve. Therefore, any increase in value attributable to the need for compensatory measures as a result of the barrage must be excluded from compensation.

Court Disposition

Preliminary issues determined in favour of the acquiring authority.

Orders

  • Rule (3) of section 5 of the Land Compensation Act 1961 does not apply to the subject land.
  • The scheme underlying the acquisition is the Cardiff Bay Barrage project; any increase in value due to the need for compensatory measures is to be disregarded in compensation assessment.