Thomas's Executors (Executors of Edward Thomas (deceased)) v Merthyr Tydfil County Borough Council [2002] EWLands ACQ_206_2000 (22 November 2002)

Thomas's Executors (Executors of Edward Thomas (deceased)) v Merthyr Tydfil County Borough Council [2002] EWLands ACQ_206_2000 (22 November 2002)

At the valuation date, a 50% ransom payment for access to Block 2 must be assumed. Planning permission for mineral extraction from the Finger Tip would not have been granted in the no-scheme world, and there was no market for the tip's material at the valuation date. Any earlier hope value had been extinguished before the valuation date and was not lost due to the scheme. Compensation is assessed at £282,000.

Citation
[2002] EWLands ACQ_206_2000
Parties
Claimant: Thomas's Executors (Executors of Edward Thomas (deceased)); Acquiring Authority: Merthyr Tydfil County Borough Council
Jurisdiction
England and Wales
Judgment Date
22 November 2002
Procedural Posture
Compensation Claim for Compulsory Acquisition / Final Decision After Hearing
Outcome
Claim allowed in part; compensation awarded
Legal Topics
Ransom Value for Access, Mineral Extraction Value, Planning Permission Prospects, Hope Value, No Scheme World Valuation, Section 17 Certificate, Ancient Monument and Conservation Issues
Compulsory Purchase Land Compensation Planning Law Ransom Value for Access Mineral Extraction Value Planning Permission Prospects Hope Value No Scheme World Valuation +2 more

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Parties

Thomas's Executors (Executors of Edward Thomas (deceased))

Claimant

Merthyr Tydfil County Borough Council

Acquiring Authority

Procedural Posture

Compensation Claim for Compulsory Acquisition / Final Decision After Hearing

Legal Issues

  1. 1 Whether ransom value for access is payable and at what rate
  2. 2 Whether planning permission would have been granted for mineral extraction from the slag tip
  3. 3 Whether the slag tip had commercial value for mineral extraction

Ratio Decidendi

At the valuation date, a 50% ransom payment for access to Block 2 must be assumed. Planning permission for mineral extraction from the Finger Tip would not have been granted in the no-scheme world, and there was no market for the tip's material at the valuation date. Any earlier hope value had been extinguished before the valuation date and was not lost due to the scheme. Compensation is assessed at £282,000.

Court Disposition

Claim allowed in part; compensation awarded

Orders

  • Compensation assessed at £282,000
  • No additional hope value for mineral extraction