Fayle v Sefton Metropolitan Borough Council [2009] EWLands ACQ_359_2008 (03 March 2009)

Fayle v Sefton Metropolitan Borough Council [2009] EWLands ACQ_359_2008 (03 March 2009)

The Tribunal determined that the most reliable comparable was 22 Keble Road, valued at £85,000, but the subject property was in a more desirable location and thus warranted a 10% uplift, resulting in a market value of £93,500. The Tribunal rejected the claimant's higher comparables due to superior location and condition, and found no severance from the surrounding area sufficient to disregard local market evidence.

Citation
[2009] EWLands ACQ_359_2008
Parties
Claimant: Jayne Fayle; Acquiring Authority: Sefton Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
03 March 2009
Procedural Posture
Compulsory Purchase Compensation Reference / Final Determination of Compensation
Outcome
compensation awarded to claimant
Legal Topics
Compensation Assessment, Market Value Determination, Home Loss Payment, Disturbance Compensation
Property Law Compulsory Purchase Land Valuation Compensation Assessment Market Value Determination Home Loss Payment Disturbance Compensation

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Parties

Jayne Fayle

Claimant

Sefton Metropolitan Borough Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Final Determination of Compensation

Legal Issues

  1. 1 What is the correct market value of 99 Balliol Road, Bootle, for compulsory purchase compensation purposes?
  2. 2 Should comparable evidence from within and outside the CPO area be adjusted or preferred?
  3. 3 Is the subject property severed from the surrounding area for valuation purposes?

Ratio Decidendi

The Tribunal determined that the most reliable comparable was 22 Keble Road, valued at £85,000, but the subject property was in a more desirable location and thus warranted a 10% uplift, resulting in a market value of £93,500. The Tribunal rejected the claimant's higher comparables due to superior location and condition, and found no severance from the surrounding area sufficient to disregard local market evidence.

Court Disposition

compensation awarded to claimant

Orders

  • Acquiring authority to pay £93,500 for the long leasehold interest in 99 Balliol Road, Bootle.
  • Acquiring authority to pay a home loss payment of £9,350.