Hertfordshire County Council v Ozanne and Others
Hertfordshire County Council v Ozanne and Others
- 1989
- Estates Gazette (1989) 43 EG 182-184(2) .
CA 28 July 1989 Appeal by Hertfordshire CC (H) from LT decision awarding compensation of £1.24m to Ozanne and others (O), in respect of the compulsory purchase of a strip of land for highway improvements . LT had rejected the agricultural value of £5,500 contended by H, on the basis that the land was a ransom strip i.e. it was required for the purpose of improving a lane as a prerequisite to the proposed development of a large area north of the lane. H appealed, claiming that LT had not observed the Pointe Gourde principle or properly applied Land Compensation Act S5 Rule 3 . CA held that LT was wrong to say that in a no-acquisition world the land had value as a ransom strip unless the development scheme was identified. For this reason the appeal was allowed and the case would have to be remitted to the tribunal. However, CA did agree with LT that Rule 3 did not apply.
STOKES V CAMBRIDGE
CA 28 July 1989 Appeal by Hertfordshire CC (H) from LT decision awarding compensation of £1.24m to Ozanne and others (O), in respect of the compulsory purchase of a strip of land for highway improvements . LT had rejected the agricultural value of £5,500 contended by H, on the basis that the land was a ransom strip i.e. it was required for the purpose of improving a lane as a prerequisite to the proposed development of a large area north of the lane. H appealed, claiming that LT had not observed the Pointe Gourde principle or properly applied Land Compensation Act S5 Rule 3 . CA held that LT was wrong to say that in a no-acquisition world the land had value as a ransom strip unless the development scheme was identified. For this reason the appeal was allowed and the case would have to be remitted to the tribunal. However, CA did agree with LT that Rule 3 did not apply.
STOKES V CAMBRIDGE