Dobbie and Dobbie v Fife Council
Dobbie and Dobbie v Fife Council
- 1998
- Rating & Valuation Reporter [1998] RVR 119-128(10) .
LT 6 March 1998. D applied for compensation for depreciation in value of a house at no. 3 Lethamhill Avenue, Hillend, caused by physical factors following the opening of a bypass. F disputed the existence of physical factors and contended the benefit from the works outweighed any depreciation. Prior to the opening of the bypass the Main Street of Hillend was part of a main arterial route, when the bypass opened Main Street became a cul-de-sac. The application was refused because the set-off in terms of Land Compensation (Scotland) Act s6 exceeded any compensation which might have been due under s1 of the Act, if the value of the property had been reduced by physical factors. Claim dismissed.
BROOM V DEPARTMENT OF TRANSPORT
BROWN V CENTRAL REGIONAL COUNCIL
BYPASS
COMPENSATION
DEPRECIATION IN VALUE
HALLOWS V WELSH OFFICE
LAND COMPENSATION (SCOTLAND) ACT 1973 S1
LAND COMPENSATION (SCOTLAND) ACT 1973 S6
NOISE LEVELS
PHYSICAL FACTORS
PUBLIC WORKS
RESIDENTIAL
SET-OFF
WISHART V FIFE REGIONAL COUNCIL
LT 6 March 1998. D applied for compensation for depreciation in value of a house at no. 3 Lethamhill Avenue, Hillend, caused by physical factors following the opening of a bypass. F disputed the existence of physical factors and contended the benefit from the works outweighed any depreciation. Prior to the opening of the bypass the Main Street of Hillend was part of a main arterial route, when the bypass opened Main Street became a cul-de-sac. The application was refused because the set-off in terms of Land Compensation (Scotland) Act s6 exceeded any compensation which might have been due under s1 of the Act, if the value of the property had been reduced by physical factors. Claim dismissed.
BROOM V DEPARTMENT OF TRANSPORT
BROWN V CENTRAL REGIONAL COUNCIL
BYPASS
COMPENSATION
DEPRECIATION IN VALUE
HALLOWS V WELSH OFFICE
LAND COMPENSATION (SCOTLAND) ACT 1973 S1
LAND COMPENSATION (SCOTLAND) ACT 1973 S6
NOISE LEVELS
PHYSICAL FACTORS
PUBLIC WORKS
RESIDENTIAL
SET-OFF
WISHART V FIFE REGIONAL COUNCIL