Dhenin v Department of Transport
Dhenin v Department of Transport
- 1990
- Property and Compensation Reports (1990) 60 PCR 349-353(5) .
LT 7 March 1990. Value of a residential property was affected by the opening of a section of the M25 on 9 October 1980. This reference was to determine the compensation payable under Land Compensation Act 1973 for depreciation caused to the house by the motorway . The date of valuation was one year after the section was opened. The claimant (D) asked for a figure of 20% of the open market value without the motorway, £125,000, and the Department of Transport supported a figure of 6%. D relied on the Bwllfa principle to justify reliance on actual traffic counts after the date of valuation rather than projected figures estimated before that date. As the M25 was constructed over a number of years and opened to traffic bit by bit, full impact of the traffic load was not felt until further connections were opened. It was held that the Bwllfa principle had no application in this case since the 1973 Act provided that compensation had to be ascertained at a specific date, on the facts at that
NOISE
PROPERTY-INFRASTRUCTURE-TRANSPORT INFRASTRUCTURE-ROAD INFRASTRUCTURE
LT 7 March 1990. Value of a residential property was affected by the opening of a section of the M25 on 9 October 1980. This reference was to determine the compensation payable under Land Compensation Act 1973 for depreciation caused to the house by the motorway . The date of valuation was one year after the section was opened. The claimant (D) asked for a figure of 20% of the open market value without the motorway, £125,000, and the Department of Transport supported a figure of 6%. D relied on the Bwllfa principle to justify reliance on actual traffic counts after the date of valuation rather than projected figures estimated before that date. As the M25 was constructed over a number of years and opened to traffic bit by bit, full impact of the traffic load was not felt until further connections were opened. It was held that the Bwllfa principle had no application in this case since the 1973 Act provided that compensation had to be ascertained at a specific date, on the facts at that
NOISE
PROPERTY-INFRASTRUCTURE-TRANSPORT INFRASTRUCTURE-ROAD INFRASTRUCTURE