Moto Hospitality Ltd v Secretary of State for Transport

Moto Hospitality Ltd v Secretary of State for Transport

A claim for compensation under section 10 of the Compulsory Purchase Act 1965 is not established in respect of permanent stopping-up orders where the loss results from the overall rearrangement of a highway junction and not from direct obstruction of access to the claimant's land. The loss must be particular, direct, and substantial, not merely consequential upon general highway improvements. The statutory requirement to provide 'reasonably convenient' alternatives and the right to object to orders are the primary protections for affected owners. The appeal is allowed and the matter remitted to the tribunal to consider temporary closures during the works.

Parties
Claimant/respondent: Moto Hospitality Ltd; Defendant/appellant: Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
26 July 2007
Procedural Posture
Civil Appeal / Appeal From Lands Tribunal, Judgment of Court of Appeal
Outcome
Appeal allowed; matter remitted to tribunal for determination of temporary closure claims.
Legal Topics
Statutory Compensation, Injurious Affection, Public Nuisance, Highways, Interpretation of Special Act, Stopping Up Orders
Compulsory Acquisition Land Law Administrative Law Statutory Compensation Injurious Affection Public Nuisance Highways Interpretation of Special Act +1 more

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Parties

Moto Hospitality Ltd

Claimant/respondent

Secretary of State for Transport

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Lands Tribunal, Judgment of Court of Appeal

Legal Issues

  1. 1 Whether compensation under section 10 of the Compulsory Purchase Act 1965 is payable for diminution in value caused by works on land not subject to compulsory purchase
  2. 2 Whether stopping-up of highways under statutory powers constitutes 'the works' for purposes of section 10
  3. 3 Whether the claimant suffered 'particular damage' sufficient for compensation under the McCarthy principles

Ratio Decidendi

A claim for compensation under section 10 of the Compulsory Purchase Act 1965 is not established in respect of permanent stopping-up orders where the loss results from the overall rearrangement of a highway junction and not from direct obstruction of access to the claimant's land. The loss must be particular, direct, and substantial, not merely consequential upon general highway improvements. The statutory requirement to provide 'reasonably convenient' alternatives and the right to object to orders are the primary protections for affected owners. The appeal is allowed and the matter remitted to the tribunal to consider temporary closures during the works.

Court Disposition

Appeal allowed; matter remitted to tribunal for determination of temporary closure claims.

Orders

  • The appeal is allowed.
  • The matter is remitted to the Lands Tribunal to consider and determine the issue of compensation for temporary closures during the works.