Boland v Welsh Development Agency [2005] EWLands ACQ_9_2003 (18 March 2005)

Boland v Welsh Development Agency [2005] EWLands ACQ_9_2003 (18 March 2005)

Compensation is payable for the value of the land only, assessed at £155,000 based on market comparables and planning permissions; no disturbance compensation for loss of profit as claimant's proposals were speculative and unsupported; claimant's conduct and failure to accept sealed offer entitles acquiring authority to costs from date of offer.

Citation
[2005] EWLands ACQ_9_2003
Parties
Claimant: Magalie Muriel Boland; Acquiring Authority: Welsh Development Agency
Jurisdiction
England and Wales
Judgment Date
18 March 2005
Procedural Posture
Compensation Reference (lands Tribunal) / Final Determination and Costs Order
Outcome
Compensation determined for land value only; disturbance claim rejected; costs awarded to acquiring authority from date of sealed offer.
Legal Topics
Compensation Assessment, Disturbance Claim, Planning Permissions, Loss of Profit, Costs, Human Rights
Compulsory Acquisition Land Valuation Property Law Compensation Assessment Disturbance Claim Planning Permissions Loss of Profit Costs +1 more

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Parties

Magalie Muriel Boland

Claimant

Welsh Development Agency

Acquiring Authority

Procedural Posture

Compensation Reference (lands Tribunal) / Final Determination and Costs Order

Legal Issues

  1. 1 Amount of compensation payable for compulsory acquisition
  2. 2 Entitlement to disturbance compensation for loss of profit
  3. 3 Valuation basis for cleared site with planning permissions

Ratio Decidendi

Compensation is payable for the value of the land only, assessed at £155,000 based on market comparables and planning permissions; no disturbance compensation for loss of profit as claimant's proposals were speculative and unsupported; claimant's conduct and failure to accept sealed offer entitles acquiring authority to costs from date of offer.

Court Disposition

Compensation determined for land value only; disturbance claim rejected; costs awarded to acquiring authority from date of sealed offer.

Orders

  • Welsh Development Agency to pay claimant £155,000 less outstanding land charge of £9,184.64.
  • Claimant to bear own costs and pay acquiring authority's costs from 10 July 2003, subject to detailed assessment if not agreed.