Cannon v Warwickshire County Council [2001] EWLands LCA_106_2001 (30 November 2001)

Cannon v Warwickshire County Council [2001] EWLands LCA_106_2001 (30 November 2001)

There was no sufficient or measurable additional intrusion to the rear garden of the subject property by compensatable physical factors that would affect its open market value at the valuation date; compensation is therefore nil.

Citation
[2001] EWLands LCA_106_2001
Parties
Claimant: Bryan Cannon; Compensating Authority: Warwickshire County Council
Jurisdiction
England and Wales
Judgment Date
30 November 2001
Procedural Posture
Compensation Reference / Final Judgment
Outcome
compensation awarded nil
Legal Topics
Injurious Affection, Land Compensation Act 1973, Residential Property, Noise Pollution, Dust and Fumes, Valuation, Screening Effects
Compensation Law Property Law Injurious Affection Land Compensation Act 1973 Residential Property Noise Pollution Dust and Fumes Valuation +1 more

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 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bryan Cannon

Claimant

Warwickshire County Council

Compensating Authority

Procedural Posture

Compensation Reference / Final Judgment

Legal Issues

  1. 1 Whether physical factors from the altered highway and new access road caused compensatable depreciation in the value of the claimant's property

Ratio Decidendi

There was no sufficient or measurable additional intrusion to the rear garden of the subject property by compensatable physical factors that would affect its open market value at the valuation date; compensation is therefore nil.

Court Disposition

compensation awarded nil

Orders

  • No compensation payable under Part 1 of the Land Compensation Act 1973.
  • No award as to costs.