Griffiths & Anor v City & County Of Swansea [2003] EWLands ACQ_35_2002 (22 August 2003)

Griffiths & Anor v City & County Of Swansea [2003] EWLands ACQ_35_2002 (22 August 2003)

Compensation must be assessed on the basis that, in the absence of the scheme, planning permission for 60 houses would have been forthcoming within a reasonable period, with appropriate deductions for abnormal development costs. The outline planning permission granted under the scheme cannot be taken into account for compensation purposes. The appropriate compensation is £500,000.

Citation
[2003] EWLands ACQ_35_2002
Parties
Claimant: Jessie Marianne Griffiths; Claimant: Sara Elizabeth Llewellyn-Jones; Acquiring Authority: City and County of Swansea
Jurisdiction
England and Wales
Judgment Date
22 August 2003
Procedural Posture
Compensation for Compulsory Acquisition / Final Determination of Compensation by Lands Tribunal
Outcome
Compensation awarded to claimants
Legal Topics
Compensation Assessment, Planning Permission Assumptions, Abnormal Development Costs, Valuation Methodology
Compulsory Purchase Land Law Planning Law Compensation Assessment Planning Permission Assumptions Abnormal Development Costs Valuation Methodology

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Parties

Jessie Marianne Griffiths

Claimant

Sara Elizabeth Llewellyn-Jones

Claimant

City and County of Swansea

Acquiring Authority

Procedural Posture

Compensation for Compulsory Acquisition / Final Determination of Compensation by Lands Tribunal

Legal Issues

  1. 1 Whether outline planning permission of 17 March 1994 can be taken into account for compensation purposes under ss 14-16 Land Compensation Act 1961
  2. 2 Whether, absent the scheme, planning permission would have been granted for development of the subject land, for what development, and when
  3. 3 Assessment of abnormal development costs and their impact on valuation

Ratio Decidendi

Compensation must be assessed on the basis that, in the absence of the scheme, planning permission for 60 houses would have been forthcoming within a reasonable period, with appropriate deductions for abnormal development costs. The outline planning permission granted under the scheme cannot be taken into account for compensation purposes. The appropriate compensation is £500,000.

Court Disposition

Compensation awarded to claimants

Orders

  • Acquiring authority to pay claimants compensation of £500,000
  • Costs to be determined separately if not agreed