Proctor & Anor v Highways Agency [2005] EWLands ACQ_151_2002 (28 October 2005)

Proctor & Anor v Highways Agency [2005] EWLands ACQ_151_2002 (28 October 2005)

The Tribunal found that the claimants failed to prove the existence of deemed planning permission for the full 27 acres under the 1960 application. In the no-scheme world, planning permission would have been granted for 56 holiday pitches south of the bypass. The value of undeveloped pitches was reduced by 40% due to injurious affection. The warden's bungalow and amenity land suffered a 20% reduction in value. No additional value was attributed to existing income, and the risk of ransom over access and services was negligible. Compensation was awarded accordingly.

Citation
[2005] EWLands ACQ_151_2002
Parties
Claimant: The Personal Representatives of Jack Clinton Proctor Deceased; Claimant: The Personal Representatives of Jack William Proctor Deceased; Acquiring Authority: Highways Agency
Jurisdiction
England and Wales
Judgment Date
28 October 2005
Procedural Posture
Compensation for Compulsory Purchase / Final Determination of Compensation by Lands Tribunal
Outcome
Compensation awarded to claimants
Legal Topics
Compensation Assessment, Deemed Planning Permission, Injurious Affection, Valuation of Caravan Parks, Disturbance Compensation
Compulsory Purchase Land Law Planning Law Compensation Assessment Deemed Planning Permission Injurious Affection Valuation of Caravan Parks Disturbance Compensation

Case Brief

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Parties

The Personal Representatives of Jack Clinton Proctor Deceased

Claimant

The Personal Representatives of Jack William Proctor Deceased

Claimant

Highways Agency

Acquiring Authority

Procedural Posture

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

Legal Issues

  1. 1 Whether deemed planning permission existed for caravan site under 1960 application
  2. 2 Whether planning consent would have been granted for caravan site use south of bypass in the no-scheme world
  3. 3 Extent of diminution in value of retained land (undeveloped pitches, bungalow, amenity land)

Ratio Decidendi

The Tribunal found that the claimants failed to prove the existence of deemed planning permission for the full 27 acres under the 1960 application. In the no-scheme world, planning permission would have been granted for 56 holiday pitches south of the bypass. The value of undeveloped pitches was reduced by 40% due to injurious affection. The warden's bungalow and amenity land suffered a 20% reduction in value. No additional value was attributed to existing income, and the risk of ransom over access and services was negligible. Compensation was awarded accordingly.

Court Disposition

Compensation awarded to claimants

Orders

  • Acquiring authority to pay claimants £500,325 in compensation
  • Acquiring authority to pay agreed surveyor's fee of £18,097.06