Colneway Ltd v Environment Agency [2003] EWLands ACQ_70_2002 (16 June 2003)

Colneway Ltd v Environment Agency [2003] EWLands ACQ_70_2002 (16 June 2003)

The assumed planning permission under s.15 Land Compensation Act 1961 does not entitle the claimant to compensation based on the value of the land for mineral extraction, as the permission is limited to the acquiring authority's scheme and not general mineral extraction. The value of minerals in the subject land is to be assessed by a modest uplift on agricultural value, not by quarry valuation. Severance and injurious affection to the retained land are recognised but limited, as the prospects for future mineral extraction are reduced but not extinguished by the scheme.

Citation
[2003] EWLands ACQ_70_2002
Parties
Claimant: Colneway Limited; Acquiring Authority: Environment Agency
Jurisdiction
England and Wales
Judgment Date
16 June 2003
Procedural Posture
Compulsory Purchase Compensation Reference / Final Decision and Costs Determination
Outcome
Compensation awarded to claimant in the sum of £131,478; costs apportioned according to statutory rules and Tribunal's discretion.
Legal Topics
Compulsory Acquisition of Land, Valuation of Mineral Bearing Land, Planning Permission Assumptions, Severance and Injurious Affection, Costs in Compensation Proceedings
Compulsory Purchase Land Compensation Planning Law Compulsory Acquisition of Land Valuation of Mineral Bearing Land Planning Permission Assumptions Severance and Injurious Affection Costs in Compensation Proceedings

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Parties

Colneway Limited

Claimant

Environment Agency

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Decision and Costs Determination

Legal Issues

  1. 1 Whether statutorily assumed planning permission under s.15 Land Compensation Act 1961 restricts mineral extraction rights to acquiring authority only
  2. 2 Prospects of obtaining planning permission for mineral extraction in the absence of the scheme
  3. 3 Appropriate method for valuing minerals in acquired and retained land

Ratio Decidendi

The assumed planning permission under s.15 Land Compensation Act 1961 does not entitle the claimant to compensation based on the value of the land for mineral extraction, as the permission is limited to the acquiring authority's scheme and not general mineral extraction. The value of minerals in the subject land is to be assessed by a modest uplift on agricultural value, not by quarry valuation. Severance and injurious affection to the retained land are recognised but limited, as the prospects for future mineral extraction are reduced but not extinguished by the scheme.

Court Disposition

Compensation awarded to claimant in the sum of £131,478; costs apportioned according to statutory rules and Tribunal's discretion.

Orders

  • Acquiring authority to pay claimant £131,478 as compensation.
  • Claimant to bear its own costs and pay the acquiring authority's costs after the date of the sealed offer (3 February 2003).