Keen & Anor v Worchestershire County Council [2001] EWLands LCA_44_2001 (26 November 2001)

Keen & Anor v Worchestershire County Council [2001] EWLands LCA_44_2001 (26 November 2001)

The Tribunal determined that the appropriate compensation for the diminution in value of the claimants' property, attributable to noise from the by-pass, was £1,500 (1.81% of the agreed pre-scheme value), based primarily on comparable settlements in Smallbrook Road and the Tribunal's inspection. The Tribunal found no material effect from visual impact and rejected the claimant's expert's opinion due to lack of impartiality. Costs were not awarded as the claimant was indemnified by his expert and thus had no liability for costs.

Citation
[2001] EWLands LCA_44_2001
Parties
Claimants: Mr A & Mrs S Keen; Respondent: Worcestershire County Council
Jurisdiction
England and Wales
Judgment Date
26 November 2001
Procedural Posture
Compensation Claim Under Land Compensation Act 1973, Part 1 / Determination of Compensation and Costs Following Reference to Lands Tribunal
Outcome
Compensation awarded to claimants; no order as to costs.
Legal Topics
Injurious Affection, Diminution in Property Value, Noise, Dust and Pollution From Public Works, Assessment of Compensation, Expert Evidence, Costs in Tribunal Proceedings
Compensation Law Property Law Administrative Law Injurious Affection Diminution in Property Value Noise, Dust and Pollution From Public Works Assessment of Compensation Expert Evidence +1 more

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Parties

Mr A & Mrs S Keen

Claimants

Worcestershire County Council

Respondent

Procedural Posture

Compensation Claim Under Land Compensation Act 1973, Part 1 / Determination of Compensation and Costs Following Reference to Lands Tribunal

Legal Issues

  1. 1 What is the appropriate amount of compensation payable for injurious affection (noise, dust, fumes) to a residential property following the construction and use of the Broadway by-pass under Part 1 of the Land Compensation Act 1973?
  2. 2 How should comparable sales and settlements be used to assess diminution in value?
  3. 3 Are costs payable to the claimant in circumstances where the expert has indemnified the claimant?

Ratio Decidendi

The Tribunal determined that the appropriate compensation for the diminution in value of the claimants' property, attributable to noise from the by-pass, was £1,500 (1.81% of the agreed pre-scheme value), based primarily on comparable settlements in Smallbrook Road and the Tribunal's inspection. The Tribunal found no material effect from visual impact and rejected the claimant's expert's opinion due to lack of impartiality. Costs were not awarded as the claimant was indemnified by his expert and thus had no liability for costs.

Court Disposition

Compensation awarded to claimants; no order as to costs.

Orders

  • Worcestershire County Council to pay compensation of £1,500 to the claimants under Part 1 of the Land Compensation Act 1973, together with statutory interest from the date of the notice of claim.
  • No order as to costs.