Wildtree Hotels Ltd and others v Harrow LBC
Wildtree Hotels Ltd and others v Harrow LBC
- 1998
- Weekly Law Reports [1998] 3 WLR 1318-1352(35) .
CA 19-20 March; 11 June. The Hotel owners` claim for compensation under the Compulsory Purchase Act 1965 s10, due to a five year road construction project, had been rejected by the Lands Tribunal. The LT held that claims under s10 were not sustainable if no physical damage is caused to the land itself. The plaintiffs appealed on a reference by way of case stated by the LT that they erred on points of law in making their decision. The local authority cross-appealed against the findings of the LT that compensation was payable where interference was temporary and after such interference the value of the land was no longer affected. Held, appeal dismissed, cross-appeal allowed.
COMPULSORY PURCHASE ACT 1965 S10
LANDS TRIBUNAL
NUISANCE
ROAD CONSTRUCTION
WILDTREE HOTELS LTD AND OTHERS V HARROW LBC
CA 19-20 March; 11 June. The Hotel owners` claim for compensation under the Compulsory Purchase Act 1965 s10, due to a five year road construction project, had been rejected by the Lands Tribunal. The LT held that claims under s10 were not sustainable if no physical damage is caused to the land itself. The plaintiffs appealed on a reference by way of case stated by the LT that they erred on points of law in making their decision. The local authority cross-appealed against the findings of the LT that compensation was payable where interference was temporary and after such interference the value of the land was no longer affected. Held, appeal dismissed, cross-appeal allowed.
COMPULSORY PURCHASE ACT 1965 S10
LANDS TRIBUNAL
NUISANCE
ROAD CONSTRUCTION
WILDTREE HOTELS LTD AND OTHERS V HARROW LBC