Mooney v West Lindsey District Council [2000] EWLands LCA_98_1999 (16 February 2000)

Mooney v West Lindsey District Council [2000] EWLands LCA_98_1999 (16 February 2000)

Only substantiated consultant costs and agreed incidental expenses are compensable; claims for loss of earnings, time, stress, and unproven repairs are speculative, unsubstantiated, and do not arise naturally from the refusal of consent under the TPO.

Citation
[2000] EWLands LCA_98_1999
Parties
Claimant: James Mooney; Respondent: West Lindsey District Council
Jurisdiction
England and Wales
Judgment Date
16 February 2000
Procedural Posture
Compensation Claim Under Town and Country Planning Act 1990, S.203 / Final Decision After Hearing
Outcome
Claim allowed in part
Legal Topics
Tree Preservation Orders, Compensation for Refusal of Consent, Interest on Compensation, Assessment of Damages
Planning Law Compensation Law Administrative Law Tree Preservation Orders Compensation for Refusal of Consent Interest on Compensation Assessment of Damages

Case Brief

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Parties

James Mooney

Claimant

West Lindsey District Council

Respondent

Procedural Posture

Compensation Claim Under Town and Country Planning Act 1990, S.203 / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to compensation for refusal of consent to fell trees under a Tree Preservation Order
  2. 2 Whether claimed losses (earnings, time, stress, repairs) are compensable under s.203 Town and Country Planning Act 1990
  3. 3 Whether interest is payable on compensation awarded

Ratio Decidendi

Only substantiated consultant costs and agreed incidental expenses are compensable; claims for loss of earnings, time, stress, and unproven repairs are speculative, unsubstantiated, and do not arise naturally from the refusal of consent under the TPO.

Court Disposition

Claim allowed in part

Orders

  • Respondent to pay claimant £5,739 compensation plus interest at statutory rate from 11 August 1994
  • No order as to costs