Swift v Barnsley Metropolitan Borough Council [2004] EWLands ACQ_22_2002 (7 June 2004)

Swift v Barnsley Metropolitan Borough Council [2004] EWLands ACQ_22_2002 (7 June 2004)

Compensation must be assessed on the basis of open space value, as there was no realistic prospect of planning permission for residential development at the valuation date, and the right to rebuild did not apply because the building no longer existed. The most reliable comparable evidence supported a valuation of £750.

Citation
[2004] EWLands ACQ_22_2002
Parties
Claimant: Donald Fraser Swift; Acquiring Authority: Barnsley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
07 June 2004
Procedural Posture
Compulsory Purchase Compensation Reference / Final Determination After Hearing
Outcome
Claim allowed in part; compensation determined at £750.
Legal Topics
Compensation Assessment, Planning Permission Assumptions, Hope Value, Existing Use Value, Costs in Compulsory Purchase
Compulsory Purchase Land Valuation Planning Law Compensation Assessment Planning Permission Assumptions Hope Value Existing Use Value Costs in Compulsory Purchase

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Parties

Donald Fraser Swift

Claimant

Barnsley Metropolitan Borough Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Determination After Hearing

Legal Issues

  1. 1 Whether compensation for compulsory purchase should reflect assumed planning permission for residential development
  2. 2 Whether hope value for future planning consent should be included in valuation
  3. 3 Appropriate valuation method for open space with no realistic prospect of development

Ratio Decidendi

Compensation must be assessed on the basis of open space value, as there was no realistic prospect of planning permission for residential development at the valuation date, and the right to rebuild did not apply because the building no longer existed. The most reliable comparable evidence supported a valuation of £750.

Court Disposition

Claim allowed in part; compensation determined at £750.

Orders

  • Acquiring authority to pay £750 compensation for the freehold interest in the subject property.
  • Acquiring authority to pay surveyor's fee based on Ryde's scale and claimant's proper legal costs of transfer.