Saxton & Ors v Secretary of State for Transport [2009] EWLands LCA_11_2007 (30 January 2009)

Saxton & Ors v Secretary of State for Transport [2009] EWLands LCA_11_2007 (30 January 2009)

The Tribunal found, on the balance of evidence, that the pre-scheme water table was within 1m of ground level and that the construction of the M6 Toll and associated dewatering works materially lowered the water table, adversely affecting the productivity and market value of the claimants' retained land. The Tribunal accepted the claimants' valuation approach, subject to a deduction for the cost of water abstraction, and awarded compensation for injurious affection in the sum of £100,000, reflecting the proven diminution in value at the valuation date.

Citation
[2009] EWLands LCA_11_2007
Parties
Claimant: Fred Saxton; Claimant: William Henry Saxton; Claimant: Frances Saxton; Claimant: Frank Saxton (trading as Messrs F Saxton & Sons); Acquiring Authority: Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
30 January 2009
Procedural Posture
Compensation Compulsory Purchase / Final Determination of Compensation After Reference
Outcome
Compensation awarded to claimants for injurious affection.
Legal Topics
Compensation for Injurious Affection, Valuation of Agricultural Land, Effect of Public Works on Retained Land, Market Value Diminution, Water Table and Dewatering Impact
Compulsory Purchase Land Law Agricultural Law Compensation for Injurious Affection Valuation of Agricultural Land Effect of Public Works on Retained Land Market Value Diminution Water Table and Dewatering Impact

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Parties

Fred Saxton

Claimant

William Henry Saxton

Claimant

Frances Saxton

Claimant

Frank Saxton (trading as Messrs F Saxton & Sons)

Claimant

Secretary of State for Transport

Acquiring Authority

Procedural Posture

Compensation Compulsory Purchase / Final Determination of Compensation After Reference

Legal Issues

  1. 1 What was the pre-scheme level of the water table beneath the affected land?
  2. 2 Did the lowering of the groundwater table reduce the crop rearing capability of the affected land?
  3. 3 Did the lowering of the groundwater table affect the market value of the affected land, and if so, by how much?

Ratio Decidendi

The Tribunal found, on the balance of evidence, that the pre-scheme water table was within 1m of ground level and that the construction of the M6 Toll and associated dewatering works materially lowered the water table, adversely affecting the productivity and market value of the claimants' retained land. The Tribunal accepted the claimants' valuation approach, subject to a deduction for the cost of water abstraction, and awarded compensation for injurious affection in the sum of £100,000, reflecting the proven diminution in value at the valuation date.

Court Disposition

Compensation awarded to claimants for injurious affection.

Orders

  • Secretary of State for Transport to pay claimants £100,000 as compensation for injurious affection to retained land.