Waters & Ors v Welsh Development Agency [2002] EWCA Civ 924 (28 June, 2002)

Waters & Ors v Welsh Development Agency [2002] EWCA Civ 924 (28 June, 2002)

The Court held that the Pointe Gourde rule requires that any increase in value attributable to the need for a compensatory nature reserve as a result of the Cardiff Bay Barrage scheme must be disregarded in assessing compensation. The scheme underlying the acquisition was the barrage, and the acquisition of the nature reserve was an integral part of that scheme. The Indian case does not override the no-scheme rule. The claimants' land was not uniquely suitable, so s.5(3) did not apply to exclude value, but the no-scheme rule still required disregard of value attributable to the scheme.

Citation
[2002] EWCA Civ 924
Parties
Appellants: Melville J and Elizabeth L Waters and Others; Respondent: Welsh Development Agency
Jurisdiction
England and Wales
Procedural Posture
Appeal From Lands Tribunal Decision on Preliminary Issues in Compensation Claim for Compulsory Purchase / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Compensation for Compulsory Acquisition, Pointe Gourde (no Scheme) Rule, Market Value Assessment, Special Suitability Under Land Compensation Act 1961, Statutory Interpretation
Compulsory Purchase Land Law Administrative Law Compensation for Compulsory Acquisition Pointe Gourde (no Scheme) Rule Market Value Assessment Special Suitability Under Land Compensation Act 1961 Statutory Interpretation

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Parties

Melville J and Elizabeth L Waters and Others

Appellants

Welsh Development Agency

Respondent

Procedural Posture

Appeal From Lands Tribunal Decision on Preliminary Issues in Compensation Claim for Compulsory Purchase / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Pointe Gourde (no-scheme) rule requires exclusion of value attributable to the Cardiff Bay Barrage scheme from compensation for compulsory purchase of land for a nature reserve
  2. 2 Whether the scheme underlying the acquisition is the nature reserve or the barrage itself
  3. 3 Whether the Land Compensation Act 1961 s.5(3) (special suitability) applies

Ratio Decidendi

The Court held that the Pointe Gourde rule requires that any increase in value attributable to the need for a compensatory nature reserve as a result of the Cardiff Bay Barrage scheme must be disregarded in assessing compensation. The scheme underlying the acquisition was the barrage, and the acquisition of the nature reserve was an integral part of that scheme. The Indian case does not override the no-scheme rule. The claimants' land was not uniquely suitable, so s.5(3) did not apply to exclude value, but the no-scheme rule still required disregard of value attributable to the scheme.

Court Disposition

Appeal dismissed

Orders

  • Compensation to be assessed disregarding any increase in value attributable to the Cardiff Bay Barrage scheme and the need for a compensatory nature reserve.