Leicester City Council v Leicestershire CC
Leicester City Council v Leicestershire CC
- 1996
- Rating & Valuation Reporter (1996) 36 RVR 14-20(7) .
LT 17 February 1995. The CC acquired the City Council`s freehold interest in 2.38 hectares of land to construct an improved outer ring road. Consideration payable was to equal the compensation that would have been paid upon compulsory acquisition; the land to the north and south was agreed to have potential for residential development. It was agreed that the tribunal should answer two questions: 1/ whether, under the Highways Act 1980 s261, compensation should have regard for betterment, 2/ if so, whether compensation should be nil or the agreed existing agricultural use value. In addition, the Highways Act s239 provides that compensation payable by a highway authority shall have regard for how the remaining contiguous lands may be benefitted by the road development. "Held", 1/ Lands Tribunal required to have regard for betterment and that residential land use would benefit from link road development, 2/ compensation must be nil.
BETTERMENT
COMPENSATION
Compulsory purchase
FREEHOLD INTEREST
HIGHWAYS ACT 1980 S261
LEICESTER CITY COUNCIL V LEICESTERSHIRE CC
ROAD SCHEME
LT 17 February 1995. The CC acquired the City Council`s freehold interest in 2.38 hectares of land to construct an improved outer ring road. Consideration payable was to equal the compensation that would have been paid upon compulsory acquisition; the land to the north and south was agreed to have potential for residential development. It was agreed that the tribunal should answer two questions: 1/ whether, under the Highways Act 1980 s261, compensation should have regard for betterment, 2/ if so, whether compensation should be nil or the agreed existing agricultural use value. In addition, the Highways Act s239 provides that compensation payable by a highway authority shall have regard for how the remaining contiguous lands may be benefitted by the road development. "Held", 1/ Lands Tribunal required to have regard for betterment and that residential land use would benefit from link road development, 2/ compensation must be nil.
BETTERMENT
COMPENSATION
Compulsory purchase
FREEHOLD INTEREST
HIGHWAYS ACT 1980 S261
LEICESTER CITY COUNCIL V LEICESTERSHIRE CC
ROAD SCHEME