Ghrist v Blaenau Gwent Borough Council [2005] EWLands LCA_43_2004 (27 September 2005)

Ghrist v Blaenau Gwent Borough Council [2005] EWLands LCA_43_2004 (27 September 2005)

The Tribunal determined that compensation for compulsory acquisition is confined to the statutory heads of value of land, injurious affection, and disturbance as at the date of entry. Claims for historic rent and nuisance due to use of the road prior to acquisition are not compensable under the statutory scheme. The evidence supported the acquiring authority's assessment of £2,550 as fair compensation under these heads.

Citation
[2005] EWLands LCA_43_2004
Parties
Claimant: Howard Ronald Ghrist; Acquiring Authority: Blaenau Gwent Borough Council
Jurisdiction
England and Wales
Judgment Date
27 September 2005
Procedural Posture
Compulsory Acquisition Compensation / Determination Under Written Representations Procedure
Outcome
claim dismissed in part, compensation awarded
Legal Topics
Compulsory Acquisition, Compensation Assessment, Injurious Affection, Disturbance, Valuation of Land, Statutory Compensation
Compulsory Purchase Land Law Compensation Law Compulsory Acquisition Compensation Assessment Injurious Affection Disturbance Valuation of Land +1 more

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Parties

Howard Ronald Ghrist

Claimant

Blaenau Gwent Borough Council

Acquiring Authority

Procedural Posture

Compulsory Acquisition Compensation / Determination Under Written Representations Procedure

Legal Issues

  1. 1 Whether the claimant is entitled to compensation for outstanding rent and nuisance for use of the road over 20 years prior to compulsory acquisition
  2. 2 Proper basis for assessing compensation for compulsory acquisition of subsoil of highway
  3. 3 Assessment of compensation for value of land, injurious affection, and disturbance

Ratio Decidendi

The Tribunal determined that compensation for compulsory acquisition is confined to the statutory heads of value of land, injurious affection, and disturbance as at the date of entry. Claims for historic rent and nuisance due to use of the road prior to acquisition are not compensable under the statutory scheme. The evidence supported the acquiring authority's assessment of £2,550 as fair compensation under these heads.

Court Disposition

claim dismissed in part, compensation awarded

Orders

  • Compensation of £2,550 awarded to claimant together with statutory interest from date of entry.