Purfleet Farms Ltd v Secretary of State for Environment, Transport & the Regions [2001] EWLands ACQ_108_2000 (10 April 2001)

Purfleet Farms Ltd v Secretary of State for Environment, Transport & the Regions [2001] EWLands ACQ_108_2000 (10 April 2001)

Compensation is to be assessed on the basis that planning permission for B8 development would have been granted at the valuation date, with a requirement to provide 0.95 hectares of open space and to fund specific highway improvements (£1.1m), but without deduction for a flat-rate £40,000 per acre highway contribution or deferment. The appropriate value per acre is determined by reference to comparables, with deductions for abnormal ground conditions and necessary works, and a 5% addition for site size. The compensation payable is £6,660,000.

Citation
[2001] EWLands ACQ_108_2000
Parties
Claimant: Purfleet Farms Limited; Acquiring Authority / Respondent: Secretary of State for Environment, Transport & the Regions
Jurisdiction
England and Wales
Judgment Date
10 April 2001
Procedural Posture
Compensation Reference Under Lands Tribunal Act 1949 and Land Compensation Act 1961 / Final Determination of Compensation Following Blight Notice and Compulsory Acquisition
Outcome
Compensation determined for the claimant at £6,660,000.
Legal Topics
Compensation Assessment, Planning Assumptions, Open Space Provision, Highway Access and Costs, Section 106 Contributions, Deferment of Planning Permission, Valuation Comparables, Deduction for Ground Conditions
Compulsory Purchase Land Compensation Planning Law Compensation Assessment Planning Assumptions Open Space Provision Highway Access and Costs Section 106 Contributions +3 more

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Parties

Purfleet Farms Limited

Claimant

Secretary of State for Environment, Transport & the Regions

Acquiring Authority / Respondent

Procedural Posture

Compensation Reference Under Lands Tribunal Act 1949 and Land Compensation Act 1961 / Final Determination of Compensation Following Blight Notice and Compulsory Acquisition

Legal Issues

  1. 1 What is the correct amount of compensation payable for the compulsory acquisition of the reference land?
  2. 2 What planning assumptions and conditions should be applied under the Land Compensation Act 1961, ss 14-16?
  3. 3 Should a contribution of £40,000 per acre for general highway improvements be deducted?

Ratio Decidendi

Compensation is to be assessed on the basis that planning permission for B8 development would have been granted at the valuation date, with a requirement to provide 0.95 hectares of open space and to fund specific highway improvements (£1.1m), but without deduction for a flat-rate £40,000 per acre highway contribution or deferment. The appropriate value per acre is determined by reference to comparables, with deductions for abnormal ground conditions and necessary works, and a 5% addition for site size. The compensation payable is £6,660,000.

Court Disposition

Compensation determined for the claimant at £6,660,000.

Orders

  • The acquiring authority shall pay the claimant compensation in the sum of £6,660,000 for the compulsory acquisition of the reference land.