Simon Nelson v Southern Electric Power Distribution

Simon Nelson v Southern Electric Power Distribution

The appropriate compensation is the capitalised annual equivalent of the total reduction in value, including both the diminution in value of the existing property and the additional loss of development value, but not shutdown costs. The correct figure is £47,250, reflecting the hybrid loss over the 15-year wayleave period.

Parties
Claimant: Simon Nelson; Compensating Authority: Southern Electric Power Distribution
Jurisdiction
England and Wales
Judgment Date
01 July 2025
Procedural Posture
Compensation Claim (wayleave) / Final Determination of Compensation
Outcome
compensation awarded
Legal Topics
Wayleave Compensation, Diminution in Value, Development Value, Electricity Infrastructure
Compensation Law Property Law Energy Law Wayleave Compensation Diminution in Value Development Value Electricity Infrastructure

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Parties

Simon Nelson

Claimant

Southern Electric Power Distribution

Compensating Authority

Procedural Posture

Compensation Claim (wayleave) / Final Determination of Compensation

Legal Issues

  1. 1 What is the appropriate measure of compensation for a necessary wayleave under Schedule 4 to the Electricity Act 1989?
  2. 2 Should compensation include both diminution in value and loss of development value, or are these alternative bases?
  3. 3 Is compensation payable for claimed shutdown costs for maintenance?

Ratio Decidendi

The appropriate compensation is the capitalised annual equivalent of the total reduction in value, including both the diminution in value of the existing property and the additional loss of development value, but not shutdown costs. The correct figure is £47,250, reflecting the hybrid loss over the 15-year wayleave period.

Court Disposition

compensation awarded

Orders

  • Compensation determined at £47,250 payable by Southern Electric Power Distribution to Simon Nelson.