Esso Petroleum Company Ltd v Secretary of State for Transport [2008] EWLands ACQ_143_2006 (06 June 2008)

Esso Petroleum Company Ltd v Secretary of State for Transport [2008] EWLands ACQ_143_2006 (06 June 2008)

The prospect, as perceived at the valuation date, of the Secretary of State making a stopping-up order to enable new access must be taken into account under section 261(1)(a) of the Highways Act 1980 when assessing compensation. The date of entry, and thus the valuation date, is 1 March 2001, as clearance works constituted taking possession under the CPO.

Citation
[2008] EWLands ACQ_143_2006
Parties
Claimant: Esso Petroleum Company Limited; Acquiring Authority: Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
06 June 2008
Procedural Posture
Compensation for Compulsory Purchase / Decision on Preliminary Issues
Outcome
Preliminary issues determined in favour of the acquiring authority's interpretation.
Legal Topics
Compensation for Compulsory Acquisition, Betterment Set Off, Valuation Date Determination, Application of Section 261(1)(a) Highways Act 1980
Compulsory Purchase Land Valuation Highways Law Compensation for Compulsory Acquisition Betterment Set Off Valuation Date Determination Application of Section 261(1)(a) Highways Act 1980

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 2 Authorities cited 21 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Esso Petroleum Company Limited

Claimant

Secretary of State for Transport

Acquiring Authority

Procedural Posture

Compensation for Compulsory Purchase / Decision on Preliminary Issues

Legal Issues

  1. 1 Whether the prospect of a stopping-up order made after the valuation date should be taken into account under section 261(1)(a) of the Highways Act 1980 when assessing compensation for compulsory purchase.
  2. 2 What is the correct date of entry and thus the valuation date for the purposes of compensation.

Ratio Decidendi

The prospect, as perceived at the valuation date, of the Secretary of State making a stopping-up order to enable new access must be taken into account under section 261(1)(a) of the Highways Act 1980 when assessing compensation. The date of entry, and thus the valuation date, is 1 March 2001, as clearance works constituted taking possession under the CPO.

Court Disposition

Preliminary issues determined in favour of the acquiring authority's interpretation.

Orders

  • The prospect of the stopping-up order as at the valuation date is to be taken into account under section 261(1)(a).
  • The Adams proposal is also to be taken into account for that purpose.