Andrew Fraser v Hertsmere Borough Council

Andrew Fraser v Hertsmere Borough Council

The Tribunal determined the market value of the property by reference to comparable sales, adjusting for differences in size, condition, and attributes. The Tribunal preferred the sale of 63 The Walk as the primary comparable, adjusted for plot size, lack of garage/driveway, and proximity to amenities. The Tribunal deducted £86,038 for the state of repair, found no additional allowance for development potential was justified, and determined the compensation at £345,000. A Basic Loss Payment of £25,875 and statutory interest were also awarded.

Parties
Claimant: Andrew Fraser as Administrator in the Estate of Monica Agnes Irene Miller; Acquiring Authority: Hertsmere Borough Council
Jurisdiction
England and Wales
Judgment Date
11 May 2023
Procedural Posture
Compulsory Purchase Compensation Reference / Final Determination of Compensation
Outcome
Compensation determined at £345,000 with Basic Loss Payment and statutory interest.
Legal Topics
Compulsory Acquisition, Compensation Assessment, Housing Act 2004, Land Compensation Act 1961, Valuation Methodology
Land Law Compulsory Purchase Property Law Compulsory Acquisition Compensation Assessment Housing Act 2004 Land Compensation Act 1961 Valuation Methodology

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Parties

Andrew Fraser as Administrator in the Estate of Monica Agnes Irene Miller

Claimant

Hertsmere Borough Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Determination of Compensation

Legal Issues

  1. 1 What is the market value of the compulsorily acquired property at 111 Strafford Gate as at 9 March 2018?
  2. 2 What allowance should be made for the state of repair and development potential?
  3. 3 Is there entitlement to a Basic Loss Payment and statutory interest?

Ratio Decidendi

The Tribunal determined the market value of the property by reference to comparable sales, adjusting for differences in size, condition, and attributes. The Tribunal preferred the sale of 63 The Walk as the primary comparable, adjusted for plot size, lack of garage/driveway, and proximity to amenities. The Tribunal deducted £86,038 for the state of repair, found no additional allowance for development potential was justified, and determined the compensation at £345,000. A Basic Loss Payment of £25,875 and statutory interest were also awarded.

Court Disposition

Compensation determined at £345,000 with Basic Loss Payment and statutory interest.

Orders

  • Hertsmere Borough Council to pay compensation of £345,000 to the claimant.
  • Basic Loss Payment of £25,875 awarded.