Stevens v Bath & North East Somerset District Council [2004] EWLands ACQ_96_2001 (23 February 2004)

Stevens v Bath & North East Somerset District Council [2004] EWLands ACQ_96_2001 (23 February 2004)

The 1987 certificate of appropriate alternative development is not binding for the purposes of this compensation reference, as it related to a different proposed acquisition and planning circumstances have materially changed. The land must be valued on the basis of current planning policy and prospects, which are highly restrictive. The only credible evidence of value is the Council's hope value assessment of £27,000, as there is no realistic prospect of residential development in the foreseeable future.

Citation
[2004] EWLands ACQ_96_2001
Parties
Claimant: Paul Stevens; Acquiring Authority: Bath and North East Somerset District Council
Jurisdiction
England and Wales
Judgment Date
23 February 2004
Procedural Posture
Compensation Reference Under Lands Tribunal Act 1949 / Final Determination of Compensation and Costs
Outcome
Compensation determined at £27,000; costs order made in favour of the Council from 9 January 2004.
Legal Topics
Certificate of Appropriate Alternative Development, Market Value Assessment, Hope Value, Planning Permission Likelihood, Compulsory Acquisition, Costs Orders
Compulsory Purchase Land Compensation Planning Law Certificate of Appropriate Alternative Development Market Value Assessment Hope Value Planning Permission Likelihood Compulsory Acquisition +1 more

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Parties

Paul Stevens

Claimant

Bath and North East Somerset District Council

Acquiring Authority

Procedural Posture

Compensation Reference Under Lands Tribunal Act 1949 / Final Determination of Compensation and Costs

Legal Issues

  1. 1 Whether effect must be given to a 1987 certificate of appropriate alternative development for compensation purposes
  2. 2 Likelihood of grant of planning permission for residential development at the valuation date
  3. 3 Proper assessment of market value and compensation for the acquired land

Ratio Decidendi

The 1987 certificate of appropriate alternative development is not binding for the purposes of this compensation reference, as it related to a different proposed acquisition and planning circumstances have materially changed. The land must be valued on the basis of current planning policy and prospects, which are highly restrictive. The only credible evidence of value is the Council's hope value assessment of £27,000, as there is no realistic prospect of residential development in the foreseeable future.

Court Disposition

Compensation determined at £27,000; costs order made in favour of the Council from 9 January 2004.

Orders

  • Council to pay claimant's costs up to 9 January 2004.
  • Claimant to pay Council's costs from 9 January 2004, subject to detailed assessment if not agreed.