J S Bloor (Wilmslow) Ltd v Homes and Communities Agency

J S Bloor (Wilmslow) Ltd v Homes and Communities Agency

The Upper Tribunal erred by modifying but not fully disregarding the planning policies and scheme-specific support for development in valuing the reference land. For a fair valuation under s.6 of the 1961 Act and the Pointe Gourde principle, the planning status must be assessed in a 'no scheme world'—excluding both the scheme and its supporting policies—so that compensation does not reflect value depressed or enhanced by the scheme. The Tribunal's approach gave the claimant the benefit of scheme-specific policies, contrary to the statutory disregards.

Parties
Claimant / Respondent: J S Bloor (Wilmslow) Limited; Acquiring Authority / Appellant: Homes and Communities Agency
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Civil Appeal (compulsory Purchase Compensation) / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal
Outcome
Appeal allowed; Upper Tribunal decision set aside; matter remitted to Upper Tribunal for redetermination.
Legal Topics
Compensation for Compulsory Acquisition, Valuation Under Land Compensation Act 1961, Planning Assumptions and Disregards, Application of Pointe Gourde Principle
Compulsory Acquisition Land Law Planning Law Compensation for Compulsory Acquisition Valuation Under Land Compensation Act 1961 Planning Assumptions and Disregards Application of Pointe Gourde Principle

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Parties

J S Bloor (Wilmslow) Limited

Claimant / Respondent

Homes and Communities Agency

Acquiring Authority / Appellant

Procedural Posture

Civil Appeal (compulsory Purchase Compensation) / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether the Upper Tribunal misapplied the statutory disregards under s.6 and Schedule 1 of the Land Compensation Act 1961 in valuing land subject to compulsory purchase.
  2. 2 Whether the planning status of the reference land should be modified for valuation purposes to disregard the effect of the development scheme and its supporting policies.
  3. 3 Whether the Upper Tribunal erred in its approach to the application of the Pointe Gourde principle and the statutory disregards.

Ratio Decidendi

The Upper Tribunal erred by modifying but not fully disregarding the planning policies and scheme-specific support for development in valuing the reference land. For a fair valuation under s.6 of the 1961 Act and the Pointe Gourde principle, the planning status must be assessed in a 'no scheme world'—excluding both the scheme and its supporting policies—so that compensation does not reflect value depressed or enhanced by the scheme. The Tribunal's approach gave the claimant the benefit of scheme-specific policies, contrary to the statutory disregards.

Court Disposition

Appeal allowed; Upper Tribunal decision set aside; matter remitted to Upper Tribunal for redetermination.

Orders

  • The decision of the Upper Tribunal is set aside.
  • The assessment of compensation is remitted to the Upper Tribunal to be decided without regard to the scheme of development as defined in this judgment.