Jolley v Bolton Metropolitan Borough Council [2005] EWLands ACQ_27_2004 (21 April 2005)

Jolley v Bolton Metropolitan Borough Council [2005] EWLands ACQ_27_2004 (21 April 2005)

The correct basis for valuation is redevelopment, not refurbishment, due to the age, former use, and dilapidated condition of the buildings. The market value is determined by reference to comparable sales of vacant industrial land, less the actual cost of demolition. The claimant is awarded £51,000 as compensation. Costs are awarded to the Council from the date of their unconditional offer, and the claimant is to bear his own costs.

Citation
[2005] EWLands ACQ_27_2004
Parties
Claimant: Leslie Ambrose Jolley; Acquiring Authority: Bolton Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
21 April 2005
Procedural Posture
Compulsory Purchase Compensation Reference / Final Determination With Addendum on Costs
Outcome
Compensation awarded to claimant; costs awarded to Council.
Legal Topics
Compensation for Compulsory Purchase, Valuation Basis (refurbishment Vs Redevelopment), Costs and Fees in Compulsory Purchase Proceedings
Property Law Compulsory Acquisition Land Valuation Compensation for Compulsory Purchase Valuation Basis (refurbishment Vs Redevelopment) Costs and Fees in Compulsory Purchase Proceedings

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Parties

Leslie Ambrose Jolley

Claimant

Bolton Metropolitan Borough Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Determination With Addendum on Costs

Legal Issues

  1. 1 What is the correct basis for valuing the acquired land: refurbishment of existing buildings or redevelopment?
  2. 2 What is the market value of the claimant's interests at the relevant valuation dates?
  3. 3 How should costs and fees be allocated between the parties?

Ratio Decidendi

The correct basis for valuation is redevelopment, not refurbishment, due to the age, former use, and dilapidated condition of the buildings. The market value is determined by reference to comparable sales of vacant industrial land, less the actual cost of demolition. The claimant is awarded £51,000 as compensation. Costs are awarded to the Council from the date of their unconditional offer, and the claimant is to bear his own costs.

Court Disposition

Compensation awarded to claimant; costs awarded to Council.

Orders

  • Claimant awarded £51,000 as compensation for compulsory acquisition.
  • Claimant awarded surveyor's fees based on Ryde's scale.