Barlow v Essex County Council [2004] EWLands ACQ_59_2003 (18 May 2004)

Barlow v Essex County Council [2004] EWLands ACQ_59_2003 (18 May 2004)

The Tribunal determined that the appropriate compensation is the diminution in value of the property, assessed at 35% of the pre-acquisition value (£825,000), resulting in £288,750. No additional hope value was awarded as there was insufficient evidence that a purchaser would pay for it. The diminution in value calculation was found to fully reflect the value of the land taken. The claimant was awarded costs as the compensation exceeded the acquiring authority's offer and the claimant's conduct was not unreasonable.

Citation
[2004] EWLands ACQ_59_2003
Parties
Claimant: Mrs Lou Barlow; Acquiring Authority: Essex County Council
Jurisdiction
England and Wales
Judgment Date
18 May 2004
Procedural Posture
Compensation for Compulsory Purchase / Final Determination of Compensation and Costs
Outcome
Compensation of £288,750 awarded to the claimant. The acquiring authority to pay the claimant's costs of the reference, subject to detailed assessment if not agreed.
Legal Topics
Compensation Assessment, Severance and Injurious Affection, Valuation Methodology, Planning Enforcement, Costs in Tribunal Proceedings
Compulsory Purchase Land Law Compensation Assessment Severance and Injurious Affection Valuation Methodology Planning Enforcement Costs in Tribunal Proceedings

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Parties

Mrs Lou Barlow

Claimant

Essex County Council

Acquiring Authority

Procedural Posture

Compensation for Compulsory Purchase / Final Determination of Compensation and Costs

Legal Issues

  1. 1 What is the appropriate compensation for compulsory acquisition of part of a residential property and its effect on the retained land?
  2. 2 Should hope value relating to planning enforcement be reflected in the valuation?
  3. 3 Is the diminution in value calculation sufficient to compensate the claimant fully for her loss?

Ratio Decidendi

The Tribunal determined that the appropriate compensation is the diminution in value of the property, assessed at 35% of the pre-acquisition value (£825,000), resulting in £288,750. No additional hope value was awarded as there was insufficient evidence that a purchaser would pay for it. The diminution in value calculation was found to fully reflect the value of the land taken. The claimant was awarded costs as the compensation exceeded the acquiring authority's offer and the claimant's conduct was not unreasonable.

Court Disposition

Compensation of £288,750 awarded to the claimant. The acquiring authority to pay the claimant's costs of the reference, subject to detailed assessment if not agreed.

Orders

  • Essex County Council to pay Mrs Lou Barlow £288,750 as compensation for the compulsory acquisition.
  • Essex County Council to pay the claimant's surveyor's fee based on Ryde's scale.