Lindsay v Highways Agency [2000] EWLands ACQ_110_1998 (13 September 2000)

Lindsay v Highways Agency [2000] EWLands ACQ_110_1998 (13 September 2000)

Compensation for compulsory acquisition must reflect open market value by a willing seller, not an unwilling seller. Amenity value of trees is not separately compensable unless reflected in market value. Severance and injurious affection are to be assessed based on actual diminution in value of the retained land. Disturbance compensation for time spent must be substantiated and reasonable. Costs are allocated according to statutory rules regarding unconditional offers.

Citation
[2000] EWLands ACQ_110_1998
Parties
Claimant: John Blakey Lindsay; Claimant: Margaret Lindsay; Acquiring Authority: Highways Agency
Jurisdiction
England and Wales
Judgment Date
13 September 2000
Procedural Posture
Compulsory Purchase Compensation Reference / Final Decision With Addendum on Costs
Outcome
Compensation awarded to claimants; costs apportioned according to statutory rules.
Legal Topics
Compensation for Compulsory Acquisition, Severance and Injurious Affection, Amenity Valuation of Trees, Disturbance Compensation, Costs in Lands Tribunal Proceedings
Compulsory Purchase Land Law Compensation Law Compensation for Compulsory Acquisition Severance and Injurious Affection Amenity Valuation of Trees Disturbance Compensation Costs in Lands Tribunal Proceedings

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Parties

John Blakey Lindsay

Claimant

Margaret Lindsay

Claimant

Highways Agency

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Decision With Addendum on Costs

Legal Issues

  1. 1 What is the value of the land taken for compensation purposes and is amenity valuation of trees relevant?
  2. 2 What compensation is payable for severance and injurious affection to the retained land?
  3. 3 What compensation is payable for the claimants' time spent on the claim?

Ratio Decidendi

Compensation for compulsory acquisition must reflect open market value by a willing seller, not an unwilling seller. Amenity value of trees is not separately compensable unless reflected in market value. Severance and injurious affection are to be assessed based on actual diminution in value of the retained land. Disturbance compensation for time spent must be substantiated and reasonable. Costs are allocated according to statutory rules regarding unconditional offers.

Court Disposition

Compensation awarded to claimants; costs apportioned according to statutory rules.

Orders

  • Total compensation of £27,850 awarded if tree planting offer accepted, otherwise £26,600.
  • Statutory interest and proper legal costs of transfer to be paid in addition.