Wells v Bournemouth Borough Council [2000] EWLands LCA_171_1997 (19 April 2000)

Wells v Bournemouth Borough Council [2000] EWLands LCA_171_1997 (19 April 2000)

No compensation is payable as the closing order did not cause a diminution in the compulsory purchase value; the right to possession increased value, and any value attributable to rehousing was excluded under section 50(2) of the Land Compensation Act 1973.

Citation
[2000] EWLands LCA_171_1997
Parties
Claimant: David Lawrence John Wells; Compensating Authority: Bournemouth Borough Council
Jurisdiction
England and Wales
Judgment Date
19 April 2000
Procedural Posture
Compensation Reference / Final Determination
Outcome
no compensation payable
Legal Topics
Compulsory Purchase, Closing Order, Valuation, Protected Tenancy, Rehousing, Diminution in Value
Property Law Compensation Law Housing Law Compulsory Purchase Closing Order Valuation Protected Tenancy Rehousing +1 more

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Parties

David Lawrence John Wells

Claimant

Bournemouth Borough Council

Compensating Authority

Procedural Posture

Compensation Reference / Final Determination

Legal Issues

  1. 1 Is compensation payable under section 584A of the Housing Act 1985 for the making of a closing order?
  2. 2 Should the Land Compensation Act 1973, particularly section 50(2), be considered in the assessment of compensation?
  3. 3 Does the right to obtain possession following a closing order affect the compulsory purchase value?

Ratio Decidendi

No compensation is payable as the closing order did not cause a diminution in the compulsory purchase value; the right to possession increased value, and any value attributable to rehousing was excluded under section 50(2) of the Land Compensation Act 1973.

Court Disposition

no compensation payable

Orders

  • Claimant to pay Council's costs of the reference, subject to detailed assessment if not agreed.