Roberts & Anor v South Gloucestershire District Council [2001] EWLands ACQ_90_1993 (27 September 2001)

Roberts & Anor v South Gloucestershire District Council [2001] EWLands ACQ_90_1993 (27 September 2001)

The Tribunal held that compensation must be assessed on the basis of the land's value for agricultural purposes only, at £17,000. The assumed or actual planning permissions did not extend to commercial mineral extraction, and the Secretary of State had refused a certificate for such use. The evidence did not support a viable market for minerals extraction, given the quality of the stone, access issues, and lack of demand. The cost of constructing the road was not relevant as no permission existed for minerals extraction as a discrete operation. Thus, the claimants were not entitled to compensation for the value of minerals beyond agricultural value.

Citation
[2001] EWLands ACQ_90_1993
Parties
Claimants: C F & M G Roberts; Acquiring Authority: South Gloucestershire District Council
Jurisdiction
England and Wales
Judgment Date
27 September 2001
Procedural Posture
Compensation for Compulsory Purchase of Land / Final Determination of Compensation After Reference and Appeal
Outcome
Claim dismissed in respect of minerals value; compensation awarded for agricultural value only.
Legal Topics
Compensation Assessment, Assumed Planning Permission, Valuation of Minerals, Land Compensation Act 1961, Planning Permissions and Certificates, Market Value Determination
Compulsory Purchase Land Valuation Planning Law Compensation Assessment Assumed Planning Permission Valuation of Minerals Land Compensation Act 1961 Planning Permissions and Certificates +1 more

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Parties

C F & M G Roberts

Claimants

South Gloucestershire District Council

Acquiring Authority

Procedural Posture

Compensation for Compulsory Purchase of Land / Final Determination of Compensation After Reference and Appeal

Legal Issues

  1. 1 Whether planning permission (actual or assumed) permitted extraction of minerals as a discrete operation without completion of the road
  2. 2 Whether the cost of constructing the 204 metre section of road should be offset against any value for mineral extraction

Ratio Decidendi

The Tribunal held that compensation must be assessed on the basis of the land's value for agricultural purposes only, at £17,000. The assumed or actual planning permissions did not extend to commercial mineral extraction, and the Secretary of State had refused a certificate for such use. The evidence did not support a viable market for minerals extraction, given the quality of the stone, access issues, and lack of demand. The cost of constructing the road was not relevant as no permission existed for minerals extraction as a discrete operation. Thus, the claimants were not entitled to compensation for the value of minerals beyond agricultural value.

Court Disposition

Claim dismissed in respect of minerals value; compensation awarded for agricultural value only.

Orders

  • Compensation assessed at £17,000 for agricultural value of the land.