Richards & Anor v Somerset County Council [2002] EWLands ACQ_23_1999 (25 July 2002)

Richards & Anor v Somerset County Council [2002] EWLands ACQ_23_1999 (25 July 2002)

The Tribunal found that the claimants failed to establish sufficient planning certainty at the valuation date that completion of the EDR across the reference land would be required as a condition for planning permission on the adjoining housing allocation land or Tesco site. The assumed consortium purchase arrangements were not realistic. The reference land did not command a ransom value. The open market value was determined to be £100,000, reflecting speculative hope value above agricultural use but far below the claimed ransom value.

Citation
[2002] EWLands ACQ_23_1999
Parties
Claimant: Joseph Roland Richards; Claimant: Joanne Valerie Richards; Acquiring Authority: Somerset County Council
Jurisdiction
England and Wales
Judgment Date
25 July 2002
Procedural Posture
Compensation Determination Under Lands Tribunal Act 1949 Following Compulsory Acquisition (purchase Notice) / Final Determination After Preliminary Issues and Full Hearing
Outcome
Claimants' case for ransom value rejected; compensation awarded at acquiring authority's figure.
Legal Topics
Valuation of Land, Ransom Value, Planning Permission Conditions, Compulsory Acquisition, Purchase Notice Procedure
Compulsory Purchase Land Compensation Planning Law Valuation of Land Ransom Value Planning Permission Conditions Compulsory Acquisition Purchase Notice Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Joseph Roland Richards

Claimant

Joanne Valerie Richards

Claimant

Somerset County Council

Acquiring Authority

Procedural Posture

Compensation Determination Under Lands Tribunal Act 1949 Following Compulsory Acquisition (purchase Notice) / Final Determination After Preliminary Issues and Full Hearing

Legal Issues

  1. 1 Whether the reference land had a ransom value in relation to adjoining development land and Tesco site
  2. 2 Whether planning permission for adjoining land would be conditional on completion of the EDR across the reference land
  3. 3 Whether the hypothetical purchaser would pay a ransom value based on planning certainty

Ratio Decidendi

The Tribunal found that the claimants failed to establish sufficient planning certainty at the valuation date that completion of the EDR across the reference land would be required as a condition for planning permission on the adjoining housing allocation land or Tesco site. The assumed consortium purchase arrangements were not realistic. The reference land did not command a ransom value. The open market value was determined to be £100,000, reflecting speculative hope value above agricultural use but far below the claimed ransom value.

Court Disposition

Claimants' case for ransom value rejected; compensation awarded at acquiring authority's figure.

Orders

  • Compensation for the reference land awarded at £100,000 to the claimants.
  • No adjustment for ransom value or consortium arrangements.