Wolff & Ors v Transport for London [2008] EWLands LCA_79_2006 (06 August 2008)

Wolff & Ors v Transport for London [2008] EWLands LCA_79_2006 (06 August 2008)

Compensation is awarded only for depreciation in property value directly attributable to physical factors (noise, pollution, etc.) caused by the use of the link road as public works, as established by expert evidence and in accordance with the statutory framework. Claims for depreciation due to changes in traffic patterns or non-physical factors are excluded. The Tribunal accepted the respondent's expert evidence on noise and valuation methodology, with limited adjustments for certain properties where evidence justified higher compensation.

Citation
[2008] EWLands LCA_79_2006
Parties
Claimant: Mrs Minnie Wolff; Claimant: Miss Jane Butterworth; Claimant: Mr Dominico Pieroni & Mrs Rose Anne Pieroni; Claimant: Miss Pamela Waters; Claimant: Mrs Ann Mary Henman; Claimant: Mr Trevor Michael Wilding & Mrs J N Wilding; Claimant: Miss Doreen Violet Jenkinson; Claimant: Miss Eva Caroline Acton; Claimant: Ms Pamela Harris; Claimant: Mr Kenneth Ernest Payne; Claimant: Mrs Dorothy Lillian Fidderman; Claimant: Ms Michele Dobson; Claimant: Mr Giorgio Sikking & Mrs Mary Sikking; Claimant: Miss Julia Dillane; Claimant: Mr Mohammed Aslam-Bhatti; Claimant: Miss Mary Dillane; Compensating Authority: Transport for London
Jurisdiction
England and Wales
Judgment Date
06 August 2008
Procedural Posture
Compensation Claim Under Land Compensation Act 1973 Part 1 / Final Determination After Hearing
Outcome
Compensation awarded to claimants in varying amounts as determined for each property; some claims dismissed where no depreciation was found.
Legal Topics
Injurious Affection, Land Compensation, Noise and Pollution, Valuation of Property, Public Works Impact
Compensation Law Property Law Administrative Law Injurious Affection Land Compensation Noise and Pollution Valuation of Property Public Works Impact

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Parties

Mrs Minnie Wolff

Claimant

Miss Jane Butterworth

Claimant

Mr Dominico Pieroni & Mrs Rose Anne Pieroni

Claimant

Miss Pamela Waters

Claimant

Mrs Ann Mary Henman

Claimant

Mr Trevor Michael Wilding & Mrs J N Wilding

Claimant

Miss Doreen Violet Jenkinson

Claimant

Miss Eva Caroline Acton

Claimant

Ms Pamela Harris

Claimant

Mr Kenneth Ernest Payne

Claimant

Mrs Dorothy Lillian Fidderman

Claimant

Ms Michele Dobson

Claimant

Mr Giorgio Sikking & Mrs Mary Sikking

Claimant

Miss Julia Dillane

Claimant

Mr Mohammed Aslam-Bhatti

Claimant

Miss Mary Dillane

Claimant

Transport for London

Compensating Authority

Procedural Posture

Compensation Claim Under Land Compensation Act 1973 Part 1 / Final Determination After Hearing

Legal Issues

  1. 1 Whether and to what extent the claimants' properties suffered depreciation in value due to physical factors (noise, pollution, etc.) caused by the use of the A12 Hackney to M11 Link Road under Part 1 of the Land Compensation Act 1973.
  2. 2 Appropriate assessment and quantification of compensation for each property.

Ratio Decidendi

Compensation is awarded only for depreciation in property value directly attributable to physical factors (noise, pollution, etc.) caused by the use of the link road as public works, as established by expert evidence and in accordance with the statutory framework. Claims for depreciation due to changes in traffic patterns or non-physical factors are excluded. The Tribunal accepted the respondent's expert evidence on noise and valuation methodology, with limited adjustments for certain properties where evidence justified higher compensation.

Court Disposition

Compensation awarded to claimants in varying amounts as determined for each property; some claims dismissed where no depreciation was found.

Orders

  • TfL to pay compensation to claimants in the amounts determined for each property.
  • No order as to costs; each party to bear its own costs.