Boland v Welsh Development Agency [2005] EWCA Civ 1096 (25 July 2005)

Boland v Welsh Development Agency [2005] EWCA Civ 1096 (25 July 2005)

The Inspector was entitled to award compensation based only on the value of the land, excluding speculative development profit, especially given the lack of evidence that the development would have been completed. Procedural irregularities did not justify granting permission to appeal as there was no evidence the award was wrong.

Citation
[2005] EWCA Civ 1096
Parties
Appellant/applicant: Magalie Muriel Boland; Defendant/respondent: Welsh Development Agency
Jurisdiction
England and Wales
Judgment Date
25 July 2005
Procedural Posture
Appeal From Lands Tribunal Decision / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Compensation for Compulsory Acquisition, Valuation of Land, Loss of Development Opportunity
Compulsory Purchase Land Law Compensation for Compulsory Acquisition Valuation of Land Loss of Development Opportunity

Case Brief

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Parties

Magalie Muriel Boland

Appellant/applicant

Welsh Development Agency

Defendant/respondent

Procedural Posture

Appeal From Lands Tribunal Decision / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the compensation awarded for compulsory purchase was inadequate
  2. 2 Whether loss of profit from potential development should be included in compensation
  3. 3 Whether procedural irregularities at the Lands Tribunal hearing justified an appeal

Ratio Decidendi

The Inspector was entitled to award compensation based only on the value of the land, excluding speculative development profit, especially given the lack of evidence that the development would have been completed. Procedural irregularities did not justify granting permission to appeal as there was no evidence the award was wrong.

Court Disposition

application for permission to appeal refused

Orders

  • application refused