J S Bloor (Wilmslow) Ltd v Homes and Communities Agency [2015] EWCA Civ 540 (22 May 2015)

J S Bloor (Wilmslow) Ltd v Homes and Communities Agency [2015] EWCA Civ 540 (22 May 2015)

The Upper Tribunal erred by not fully excluding the effects of the scheme and its supporting planning policies when valuing the reference land. For a fair assessment under s.6 and the Pointe Gourde principle, the valuation must disregard both positive and negative impacts of the scheme, including planning policies and permissions specific to it. The correct approach is to assess the planning prospects and value of the land in a 'no scheme world', applying only general planning policies not specific to the scheme.

Citation
[2015] EWCA Civ 540
Parties
Respondent/claimant: J S Bloor (Wilmslow) Limited; Appellant/acquiring Authority: Homes and Communities Agency
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Appeal From Upper Tribunal (lands Chamber) / Court of Appeal Judgment
Outcome
Appeal allowed; Upper Tribunal decision set aside; matter remitted for reassessment.
Legal Topics
Compulsory Acquisition Compensation, Planning Assumptions in Valuation, Statutory Disregards Under Land Compensation Act 1961, Pointe Gourde Principle, Hope Value, Development Plan Policies
Compulsory Purchase Land Compensation Planning Law Compulsory Acquisition Compensation Planning Assumptions in Valuation Statutory Disregards Under Land Compensation Act 1961 Pointe Gourde Principle Hope Value +1 more

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Parties

J S Bloor (Wilmslow) Limited

Respondent/claimant

Homes and Communities Agency

Appellant/acquiring Authority

Procedural Posture

Appeal From Upper Tribunal (lands Chamber) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Upper Tribunal misapplied statutory disregards under s.6 and Schedule 1 of the Land Compensation Act 1961 in valuing land subject to compulsory purchase.
  2. 2 Whether planning policies and history should be modified in the valuation exercise by the statutory disregards and the Pointe Gourde principle.
  3. 3 Whether hope value for independent residential development should be included in compensation.

Ratio Decidendi

The Upper Tribunal erred by not fully excluding the effects of the scheme and its supporting planning policies when valuing the reference land. For a fair assessment under s.6 and the Pointe Gourde principle, the valuation must disregard both positive and negative impacts of the scheme, including planning policies and permissions specific to it. The correct approach is to assess the planning prospects and value of the land in a 'no scheme world', applying only general planning policies not specific to the scheme.

Court Disposition

Appeal allowed; Upper Tribunal decision set aside; matter remitted for reassessment.

Orders

  • Set aside the Upper Tribunal's compensation decision.
  • Remit the assessment of compensation to the Upper Tribunal to be decided without regard to the scheme of development as defined in this judgment.