Persimmon Homes (Wales) Ltd & Anor v County Borough Council [2004] EWLands ACQ_40_2002 (28 September 2004)

Persimmon Homes (Wales) Ltd & Anor v County Borough Council [2004] EWLands ACQ_40_2002 (28 September 2004)

The Tribunal found that the reference land did have a ransom value independent of the scheme, as access to the Dyffryn Dowlais site would not have been permitted elsewhere and the value was not created by the scheme underlying the acquisition. The appropriate compensation was assessed based on the market value in the no scheme world, leading to an award of £1,139,000.

Citation
[2004] EWLands ACQ_40_2002
Parties
Claimant: Persimmon Homes (Wales) Limited; Acquiring Authority: Rhondda Cynon Taff County Borough Council
Jurisdiction
England and Wales
Judgment Date
28 September 2004
Procedural Posture
Compensation for Compulsory Purchase / Final Decision After Full Hearing
Outcome
Compensation awarded to claimants
Legal Topics
Ransom Value, Market Value Assessment, Land Compensation Act 1961 S5(2) & (3), Scheme World Vs No Scheme World, Access for Development, Planning Permissions
Compulsory Purchase Land Compensation Ransom Value Market Value Assessment Land Compensation Act 1961 S5(2) & (3) Scheme World Vs No Scheme World Access for Development Planning Permissions

Case Brief

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Parties

Persimmon Homes (Wales) Limited

Claimant

Rhondda Cynon Taff County Borough Council

Acquiring Authority

Procedural Posture

Compensation for Compulsory Purchase / Final Decision After Full Hearing

Legal Issues

  1. 1 What is the scheme underlying the acquisition of the reference land?
  2. 2 What are the characteristics of the no scheme world?
  3. 3 Does rule (3) of section 5 of the Land Compensation Act 1961 apply?

Ratio Decidendi

The Tribunal found that the reference land did have a ransom value independent of the scheme, as access to the Dyffryn Dowlais site would not have been permitted elsewhere and the value was not created by the scheme underlying the acquisition. The appropriate compensation was assessed based on the market value in the no scheme world, leading to an award of £1,139,000.

Court Disposition

Compensation awarded to claimants

Orders

  • The acquiring authority shall pay compensation of £1,139,000 to the claimants for the compulsory acquisition of the reference land.