Wildtree Hotels Ltd and others v Harrow LBC
Wildtree Hotels Ltd and others v Harrow LBC
- 1998
- Rating & Valuation Reporter [1998] 38(11) RVR 288-303(16) .
CA 11 June 1998. The claimants (W) owners of a hotel in Harrow, sought compensation under the Compulsory Purchase Act 1965 s10 for nuisance by noise, dust and vibration, by erection of hoardings, by obstruction of access to and from the public highway, and by obstruction of public highways. On appeal by W, the CA considered whether the LT were right to decide that (1) compensation was not payable where an interference to some legal right was not a direct interference to land or a right appurtenant to land, (2) where there had been interference with some right which could give rise to a claim for compensation, the quantum of damages recoverable as compensation did not include all injurious affection attributable to and caused by the execution of works. On a cross appeal by the Council, the CA considered whether the LT had erred in deciding that (3) compensation was payable when the interference was temporary. CA dismissed appeals on questions (1) and (2) and allowed (3).
ACCESS
COMPENSATION
COMPULSORY PURCHASE ACT 1965 S10
HOARDINGS
INJURIOUS AFFECTION
LOSS IN VALUE
NUISANCE
OBSTRUCTION
ROAD WORKS
WILDTREE HOTELS LTD AND OTHERS V HARROW LBC
CA 11 June 1998. The claimants (W) owners of a hotel in Harrow, sought compensation under the Compulsory Purchase Act 1965 s10 for nuisance by noise, dust and vibration, by erection of hoardings, by obstruction of access to and from the public highway, and by obstruction of public highways. On appeal by W, the CA considered whether the LT were right to decide that (1) compensation was not payable where an interference to some legal right was not a direct interference to land or a right appurtenant to land, (2) where there had been interference with some right which could give rise to a claim for compensation, the quantum of damages recoverable as compensation did not include all injurious affection attributable to and caused by the execution of works. On a cross appeal by the Council, the CA considered whether the LT had erred in deciding that (3) compensation was payable when the interference was temporary. CA dismissed appeals on questions (1) and (2) and allowed (3).
ACCESS
COMPENSATION
COMPULSORY PURCHASE ACT 1965 S10
HOARDINGS
INJURIOUS AFFECTION
LOSS IN VALUE
NUISANCE
OBSTRUCTION
ROAD WORKS
WILDTREE HOTELS LTD AND OTHERS V HARROW LBC