Mohammed v York City Council [2005] EWLands LCA_12_2004 (27 January 2005)

Mohammed v York City Council [2005] EWLands LCA_12_2004 (27 January 2005)

There is no conclusive evidence that the subject property has been affected by the physical factors referred to in section 1(2) of Part 1 of the 1973 Act. Even if there has been any diminution in value, it is not as a result of the use of the public works. Therefore, no compensation is payable.

Citation
[2005] EWLands LCA_12_2004
Parties
Claimants: Mr & Mrs M U H Mohammed; Compensating Authority: York City Council
Jurisdiction
England and Wales
Judgment Date
27 January 2005
Procedural Posture
Compensation Claim Under Land Compensation Act 1973 Part 1 / Determination by Written Representations Under Rule 27, Lands Tribunal Rules 1996
Outcome
Claim dismissed. No compensation payable.
Legal Topics
Injurious Affection, Depreciation of Property Value, Public Works Compensation, Physical Factors (noise, Vibration, Smell, Fumes, Artificial Light)
Compensation Law Property Law Administrative Law Injurious Affection Depreciation of Property Value Public Works Compensation Physical Factors (noise, Vibration, Smell, Fumes, Artificial Light)

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Parties

Mr & Mrs M U H Mohammed

Claimants

York City Council

Compensating Authority

Procedural Posture

Compensation Claim Under Land Compensation Act 1973 Part 1 / Determination by Written Representations Under Rule 27, Lands Tribunal Rules 1996

Legal Issues

  1. 1 Whether the claimants' property suffered depreciation in value due to physical factors caused by the use of public works (Park and Ride scheme) under Part 1 of the Land Compensation Act 1973
  2. 2 Whether there is a causal connection between the alleged depreciation and the physical factors specified in the legislation

Ratio Decidendi

There is no conclusive evidence that the subject property has been affected by the physical factors referred to in section 1(2) of Part 1 of the 1973 Act. Even if there has been any diminution in value, it is not as a result of the use of the public works. Therefore, no compensation is payable.

Court Disposition

Claim dismissed. No compensation payable.

Orders

  • No compensation shall be payable to the claimants.
  • No order as to costs.