Waters and others v Welsh Development Agency
Waters and others v Welsh Development Agency
- 2004
- Weekly Law Reports [2004] 1 WLR 1304-1348(45) Rating and Valuation Reporter [2004] RVR 153-172(21) .
[2004] UKHL 19, 29 April 2004. The appeal concerned the basis for assessing compensation for compulsory acquisition of land. W's land was compulsorily purchased in 1997 by the WDA to create suitable new wetland habitats for the Cardiff Bay barrage project. W put forward three measures of valuation for the land: i) as agricultural land, ii) as a nature reserve and iii) a ransom value on the basis that the land was indispensable to the barrage scheme. The LT (ACQ/93-9/1999, [2001] 1 EGLR 185) decided that as a preliminary issue following "Pointe Gourde Quarrying and Transport Co Ltd v Superintendent of Crown Lands" ([1947] AC 655) the land had to be valued leaving out any effect on value of the adoption or implementation of the proposal to provide land for the development of a nature reserve. "Held": that the LT and CA were right to decide that for the purposes of the "Point Gourde" principle the acquisition of W's land for a nature reserve was an integral part of the scheme. When assessing compensation, WDA's need to acquire the land as a palliative measure necessary of the environmental consequences of the Cardiff Bay projects was to be disregarded. Appeal dismissed. View judgment at www.parliament.the-stationery-office.co.uk
WATERS AND OTHERS V WELSH DEVELOPMENT AGENCY
COMPENSATION
POINTE GOURDE QUARRYING AND TRANSPORT CO LTD V CROWN LANDS SUPERINTENDENT
RANSOM VALUE
NATURE RESERVES
GAJAPATIRAJU V RDO VIZAGAPATAM
Valuation
STOKES V CAMBRIDGE
[2004] UKHL 19, 29 April 2004. The appeal concerned the basis for assessing compensation for compulsory acquisition of land. W's land was compulsorily purchased in 1997 by the WDA to create suitable new wetland habitats for the Cardiff Bay barrage project. W put forward three measures of valuation for the land: i) as agricultural land, ii) as a nature reserve and iii) a ransom value on the basis that the land was indispensable to the barrage scheme. The LT (ACQ/93-9/1999, [2001] 1 EGLR 185) decided that as a preliminary issue following "Pointe Gourde Quarrying and Transport Co Ltd v Superintendent of Crown Lands" ([1947] AC 655) the land had to be valued leaving out any effect on value of the adoption or implementation of the proposal to provide land for the development of a nature reserve. "Held": that the LT and CA were right to decide that for the purposes of the "Point Gourde" principle the acquisition of W's land for a nature reserve was an integral part of the scheme. When assessing compensation, WDA's need to acquire the land as a palliative measure necessary of the environmental consequences of the Cardiff Bay projects was to be disregarded. Appeal dismissed. View judgment at www.parliament.the-stationery-office.co.uk
WATERS AND OTHERS V WELSH DEVELOPMENT AGENCY
COMPENSATION
POINTE GOURDE QUARRYING AND TRANSPORT CO LTD V CROWN LANDS SUPERINTENDENT
RANSOM VALUE
NATURE RESERVES
GAJAPATIRAJU V RDO VIZAGAPATAM
Valuation
STOKES V CAMBRIDGE