Richards & Anor v Somerset County Council [2000] EWLands ACQ_23_1999 (25 September 2000)

Richards & Anor v Somerset County Council [2000] EWLands ACQ_23_1999 (25 September 2000)

No indication within the meaning of s9 Land Compensation Act 1961 was given that the reference land was likely to be acquired by an authority with compulsory purchase powers prior to the confirmation of the purchase notice. No scheme underlying the acquisition existed before confirmation of the purchase notice. The land must be valued in the real world at the valuation date, not in a hypothetical no-scheme world.

Citation
[2000] EWLands ACQ_23_1999
Parties
Claimant: Joseph Roland Richards; Claimant: Joanne Valerie Richards; Acquiring Authority: Somerset County Council
Jurisdiction
England and Wales
Judgment Date
25 September 2000
Procedural Posture
Compensation Reference Under Lands Tribunal Act 1949 and Land Compensation Act 1961 / Decision on Preliminary Issues
Outcome
Preliminary issues determined in favour of Somerset County Council; basis of valuation established as real-world value at the valuation date.
Legal Topics
Compensation for Compulsory Acquisition, Purchase Notice Procedure, Valuation Principles, Planning Permissions and Agreements, Highway Dedication
Compulsory Purchase Land Law Planning Law Compensation for Compulsory Acquisition Purchase Notice Procedure Valuation Principles Planning Permissions and Agreements Highway Dedication

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Parties

Joseph Roland Richards

Claimant

Joanne Valerie Richards

Claimant

Somerset County Council

Acquiring Authority

Procedural Posture

Compensation Reference Under Lands Tribunal Act 1949 and Land Compensation Act 1961 / Decision on Preliminary Issues

Legal Issues

  1. 1 Whether an indication was given that the land would or would be likely to be acquired within the meaning of s9 Land Compensation Act 1961
  2. 2 Whether such indication caused depreciation in value of the land
  3. 3 Whether a scheme underlying the acquisition existed prior to confirmation of the purchase notice (Pointe Gourde principle)

Ratio Decidendi

No indication within the meaning of s9 Land Compensation Act 1961 was given that the reference land was likely to be acquired by an authority with compulsory purchase powers prior to the confirmation of the purchase notice. No scheme underlying the acquisition existed before confirmation of the purchase notice. The land must be valued in the real world at the valuation date, not in a hypothetical no-scheme world.

Court Disposition

Preliminary issues determined in favour of Somerset County Council; basis of valuation established as real-world value at the valuation date.

Orders

  • Land to be valued at the valuation date without disregarding any decrease in value attributable to planning history or scheme.