Kenneth Gun Why v Cheltenham Borough Council

Kenneth Gun Why v Cheltenham Borough Council

The open market value of the property in its actual condition at the valuation date is £140,000, calculated by deducting estimated repair costs, local land charges, and clearance costs from the fair market value; no additional compensation is due as the claimant was not in occupation and there is no hope value for redevelopment.

Parties
Claimant: Kenneth Gun Why; Acquiring Authority: Cheltenham Borough Council
Jurisdiction
England and Wales
Judgment Date
24 May 2017
Procedural Posture
Compulsory Purchase Compensation Determination / Final Determination on Written Representations
Outcome
compensation assessed and awarded
Legal Topics
Compensation Assessment, Valuation of Unoccupied Property, Deduction for Local Land Charges, Cost of Clearance
Property Law Compulsory Purchase Compensation Assessment Valuation of Unoccupied Property Deduction for Local Land Charges Cost of Clearance

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Parties

Kenneth Gun Why

Claimant

Cheltenham Borough Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Determination / Final Determination on Written Representations

Legal Issues

  1. 1 What is the open market value of the compulsorily acquired property?
  2. 2 Should deductions be made for local land charges and clearance costs?
  3. 3 Is there any hope value for redevelopment?

Ratio Decidendi

The open market value of the property in its actual condition at the valuation date is £140,000, calculated by deducting estimated repair costs, local land charges, and clearance costs from the fair market value; no additional compensation is due as the claimant was not in occupation and there is no hope value for redevelopment.

Court Disposition

compensation assessed and awarded

Orders

  • Compensation for compulsory purchase of 30 Pennine Road, Cheltenham assessed at £140,000 payable to Kenneth Gun Why.