RMC (UK) Ltd v London Borough Of Greenwich [2005] EWLands ACQ_6_2003 (14 January 2005)

RMC (UK) Ltd v London Borough Of Greenwich [2005] EWLands ACQ_6_2003 (14 January 2005)

The Tribunal held that, following Waters v Welsh Development Agency, the Pointe Gourde principle must be applied narrowly and only to the extent necessary to achieve fair compensation. For both sites, planning permission for high density residential development was to be assumed, but the ACE site required development with adjoining land, causing delay. The Tribunal rejected the acquiring authority's argument that phasing in the master plan prevented earlier development of the RMC site. Compensation was assessed primarily by reference to comparable evidence, with adjustments for site-specific factors and planning constraints. The Tribunal awarded £3,850,000 for the RMC site and £450,000...

Citation
[2005] EWLands ACQ_6_2003
Parties
Claimant: RMC (UK) Limited; Claimant: ACE Electrical Distributors Limited; Acquiring Authority: London Borough of Greenwich
Jurisdiction
England and Wales
Judgment Date
14 January 2005
Procedural Posture
Compensation for Compulsory Purchase / Final Decision After Hearing
Outcome
Compensation awarded to claimants for compulsory acquisition of their respective sites.
Legal Topics
Compensation Assessment, Planning Assumptions, Pointe Gourde Principle, Statutory Disregards, Residual Valuation, Comparable Evidence
Compulsory Purchase Land Compensation Planning Law Compensation Assessment Planning Assumptions Pointe Gourde Principle Statutory Disregards Residual Valuation +1 more

Case Brief

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Parties

RMC (UK) Limited

Claimant

ACE Electrical Distributors Limited

Claimant

London Borough of Greenwich

Acquiring Authority

Procedural Posture

Compensation for Compulsory Purchase / Final Decision After Hearing

Legal Issues

  1. 1 What compensation is payable for the compulsory acquisition of two parcels of land on the Greenwich Peninsula?
  2. 2 How should planning assumptions and the Pointe Gourde principle be applied in light of the House of Lords decision in Waters v Welsh Development Agency?
  3. 3 What is the appropriate identification of the 'scheme' for valuation purposes?

Ratio Decidendi

The Tribunal held that, following Waters v Welsh Development Agency, the Pointe Gourde principle must be applied narrowly and only to the extent necessary to achieve fair compensation. For both sites, planning permission for high density residential development was to be assumed, but the ACE site required development with adjoining land, causing delay. The Tribunal rejected the acquiring authority's argument that phasing in the master plan prevented earlier development of the RMC site. Compensation was assessed primarily by reference to comparable evidence, with adjustments for site-specific factors and planning constraints. The Tribunal awarded £3,850,000 for the RMC site and £450,000...

Court Disposition

Compensation awarded to claimants for compulsory acquisition of their respective sites.

Orders

  • RMC (UK) Limited awarded £3,850,000 as compensation for the compulsory acquisition of its site.
  • ACE Electrical Distributors Limited awarded £450,000 as compensation for the compulsory acquisition of its site.