Puttock v London Borough Of Bexley [2004] EWLands ACQ_101_2003 (19 April 2004)

Puttock v London Borough Of Bexley [2004] EWLands ACQ_101_2003 (19 April 2004)

The claimant failed to prove any diminution in value of his property resulting from the execution of the works, as the sale price achieved was consistent with undiminished market value based on regional indices; therefore, no compensation is payable under section 10 of the Compulsory Purchase Act 1965.

Citation
[2004] EWLands ACQ_101_2003
Parties
Claimant: Adrian Puttock; Compensating Authority: London Borough of Bexley
Jurisdiction
England and Wales
Judgment Date
19 April 2004
Procedural Posture
Compensation Claim Under Compulsory Purchase Act 1965 S10 / Decision After Hearing Under Simplified Procedure
Outcome
claim dismissed
Legal Topics
Injurious Affection, Restrictive Covenant, Compensation, Diminution in Value
Compulsory Purchase Property Law Injurious Affection Restrictive Covenant Compensation Diminution in Value

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Parties

Adrian Puttock

Claimant

London Borough of Bexley

Compensating Authority

Procedural Posture

Compensation Claim Under Compulsory Purchase Act 1965 S10 / Decision After Hearing Under Simplified Procedure

Legal Issues

  1. 1 Whether the claimant is entitled to compensation for injurious affection under section 10 of the Compulsory Purchase Act 1965 due to alleged diminution in value of property caused by breach of restrictive covenant and associated highway works.

Ratio Decidendi

The claimant failed to prove any diminution in value of his property resulting from the execution of the works, as the sale price achieved was consistent with undiminished market value based on regional indices; therefore, no compensation is payable under section 10 of the Compulsory Purchase Act 1965.

Court Disposition

claim dismissed

Orders

  • No compensation payable to the claimant under section 10 of the Compulsory Purchase Act 1965.
  • No order as to costs.