Williamson and another v Cumbria CC
Williamson and another v Cumbria CC
- 1994
- Estates Gazette (1994) 47 EG 170-172(3) .
LT 24 June 1994. In 1990, C opened a traffic scheme in Kendal town centre with carriageway alterations to Romney Road, changing its character to a through route of primary road status with increased vehicular traffic. C accepted that the works of alteration of a public highway were within Land Compensation Act 1973 s9. W owned a dwelling house in Romney Road and claimed compensation for depreciation in value of their property caused by physical factors attributable to increased traffic. C and W consented to the determination of a point of law as a preliminary issue, as to whether, under s9(5), depreciation caused by factors other than use of the carriageway can be taken into account in assessing compensation payable. Decided in W`s favour.
COMPENSATION
DEPRECIATION IN VALUE
LAND COMPENSATION ACT 1973 PART I
LAND COMPENSATION ACT 1973 S9
PHYSICAL FACTORS
PUBLIC WORKS
ROAD SCHEME
TRAFFIC NOISE
TRAFFIC POLLUTION
WILLIAMSON AND ANOTHER V CUMBRIA CC
LT 24 June 1994. In 1990, C opened a traffic scheme in Kendal town centre with carriageway alterations to Romney Road, changing its character to a through route of primary road status with increased vehicular traffic. C accepted that the works of alteration of a public highway were within Land Compensation Act 1973 s9. W owned a dwelling house in Romney Road and claimed compensation for depreciation in value of their property caused by physical factors attributable to increased traffic. C and W consented to the determination of a point of law as a preliminary issue, as to whether, under s9(5), depreciation caused by factors other than use of the carriageway can be taken into account in assessing compensation payable. Decided in W`s favour.
COMPENSATION
DEPRECIATION IN VALUE
LAND COMPENSATION ACT 1973 PART I
LAND COMPENSATION ACT 1973 S9
PHYSICAL FACTORS
PUBLIC WORKS
ROAD SCHEME
TRAFFIC NOISE
TRAFFIC POLLUTION
WILLIAMSON AND ANOTHER V CUMBRIA CC