Allen v Department of Transport
Language: English Series: Property and Compensation Reports ; (1994) 68 P&CR 347-366(20)Publication details: 1994Subject(s):- ALLEN V DEPARTMENT OF TRANSPORT
- COMPENSATION
- DEPRECIATION
- FREEHOLD INTEREST
- LAND COMPENSATION ACT 1973 PART I
- LAND COMPENSATION ACT 1973 S4(4)
- M25 MOTORWAY
- NOTIONAL VALUE
- PUBLIC WORKS
- VACANT POSSESSION VALUE
- ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS51932 (Browse shelf(Opens below)) | 1 | Available | 51500-1001 |
LT 14 June 1994. Assuming vacant possession, A claimed compensation under Land Compensation Act 1973 Part I, of £90,000 for depreciation in the market value of a freehold interest in a dwelling after a section of the M25 opened. It was also agreed that physical factors emanating from the motorway would reduce notional value by 10.5% (£9,450). The dwelling was subject to a tenancy at the time and a dispute arose as to whether the 10.5% should be reduced to reflect this. A argued there should be no reduction as the tenancy was short term and A could regain possession. Held that a deduction of 25% would be made from the vacant possession value (£90,000) reflecting the value of the freehold interest subject to the tenancy, giving a figure of £7,100 as compensation at 10.5%.