Pentrehobyn Trustees (Trustees of Pentrehobyn Settlement) v National Assembly for Wales [2002] EWLands ACQ_116_2000 (14 November 2002)

Pentrehobyn Trustees (Trustees of Pentrehobyn Settlement) v National Assembly for Wales [2002] EWLands ACQ_116_2000 (14 November 2002)

The Tribunal held that the correct approach is the no-scheme world assumption, disregarding the scheme underlying acquisition from its inception. The negative section 17 certificate must be given substantial weight, and claimants failed to show that planning permission for B1 development would have been granted or that hope value existed. The evidence did not establish a reasonable prospect of industrial development absent the scheme, and the statutory and common law principles required compensation to be limited to existing use value.

Citation
[2002] EWLands ACQ_116_2000
Parties
Claimants: Pentrehobyn Trustees (Trustees of Pentrehobyn Settlement); Acquiring Authority: National Assembly for Wales
Jurisdiction
England and Wales
Judgment Date
14 November 2002
Procedural Posture
Compensation Reference Under Lands Tribunal Act 1949 / Final Determination After Hearing and Post Hearing Submissions
Outcome
Claim dismissed; compensation limited to existing use value
Legal Topics
Statutory Planning Assumptions, Hope Value, Section 17 Certificate, Pointe Gourde Rule, No Scheme World, Burden of Proof
Compulsory Acquisition Land Compensation Planning Law Statutory Planning Assumptions Hope Value Section 17 Certificate Pointe Gourde Rule No Scheme World +1 more

Case Brief

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Parties

Pentrehobyn Trustees (Trustees of Pentrehobyn Settlement)

Claimants

National Assembly for Wales

Acquiring Authority

Procedural Posture

Compensation Reference Under Lands Tribunal Act 1949 / Final Determination After Hearing and Post Hearing Submissions

Legal Issues

  1. 1 Whether planning permission for B1 industrial development would have been granted absent the compulsory acquisition
  2. 2 Whether the land had hope value for industrial development
  3. 3 Correct approach to statutory planning assumptions and Pointe Gourde rule

Ratio Decidendi

The Tribunal held that the correct approach is the no-scheme world assumption, disregarding the scheme underlying acquisition from its inception. The negative section 17 certificate must be given substantial weight, and claimants failed to show that planning permission for B1 development would have been granted or that hope value existed. The evidence did not establish a reasonable prospect of industrial development absent the scheme, and the statutory and common law principles required compensation to be limited to existing use value.

Court Disposition

Claim dismissed; compensation limited to existing use value

Orders

  • Compensation awarded on existing use value basis only
  • No compensation for industrial development or hope value