Boland v Welsh Development Agency

Boland v Welsh Development Agency

The court held that the inspector's award of £155,000 was not shown to be wrong, and that compensation for speculative development profit was not justified. The inspector's comments, while unfortunate, did not amount to procedural unfairness warranting an appeal.

Parties
Applicant: Magalie Muriel Boland; Respondent: Welsh Development Agency
Jurisdiction
England and Wales
Judgment Date
25 July 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Compensation for Compulsory Purchase, Valuation of Land, Loss of Development Opportunity
Compulsory Acquisition Land Law Compensation for Compulsory Purchase Valuation of Land Loss of Development Opportunity

Case Brief

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Parties

Magalie Muriel Boland

Applicant

Welsh Development Agency

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the compensation awarded for compulsory purchase was inadequate
  2. 2 Whether loss of profit from potential development should be compensated
  3. 3 Whether the hearing before the Lands Tribunal was procedurally fair

Ratio Decidendi

The court held that the inspector's award of £155,000 was not shown to be wrong, and that compensation for speculative development profit was not justified. The inspector's comments, while unfortunate, did not amount to procedural unfairness warranting an appeal.

Court Disposition

application for permission to appeal refused

Orders

  • permission to appeal refused
  • no rehearing ordered