Lepley v Essex County Council [2000] EWLands ACQ_92_2000 (24 October 2000)

Lepley v Essex County Council [2000] EWLands ACQ_92_2000 (24 October 2000)

The Tribunal determined that the open market value of Lacey's Farm as at 11 November 1999 was £375,000, giving limited weight to negotiated settlements, greater weight to open market comparables, and making a balanced assessment of the impact of the nearby scrapyard and the property’s features. The Tribunal found the property to be worth more than some comparables but less than others, and set compensation accordingly.

Citation
[2000] EWLands ACQ_92_2000
Parties
Claimant: Janet Lepley; Acquiring Authority: Essex County Council
Jurisdiction
England and Wales
Judgment Date
24 October 2000
Procedural Posture
Compensation Reference Under Compulsory Purchase / Final Determination of Compensation
Outcome
compensation awarded to claimant
Legal Topics
Compensation for Compulsory Acquisition, Valuation of Land, Comparable Sales, Home Loss Payment
Compulsory Purchase Land Law Property Law Compensation for Compulsory Acquisition Valuation of Land Comparable Sales Home Loss Payment

Case Brief

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Parties

Janet Lepley

Claimant

Essex County Council

Acquiring Authority

Procedural Posture

Compensation Reference Under Compulsory Purchase / Final Determination of Compensation

Legal Issues

  1. 1 What is the open market value of Lacey's Farm as at the date of entry for compulsory acquisition?
  2. 2 Are negotiated settlements in related compulsory purchase cases valid comparables for valuation?
  3. 3 What is the appropriate adjustment for market movement between comparable sales and valuation date?

Ratio Decidendi

The Tribunal determined that the open market value of Lacey's Farm as at 11 November 1999 was £375,000, giving limited weight to negotiated settlements, greater weight to open market comparables, and making a balanced assessment of the impact of the nearby scrapyard and the property’s features. The Tribunal found the property to be worth more than some comparables but less than others, and set compensation accordingly.

Court Disposition

compensation awarded to claimant

Orders

  • Essex County Council to pay Janet Lepley £375,000 as compensation for the acquisition of Lacey's Farm.
  • Essex County Council to pay a Home Loss Payment of £15,000 to Janet Lepley.