Ocean Leisure Ltd v Westminster City Council
Ocean Leisure Ltd v Westminster City Council
- 2004
- Rating and Valuation Reporter [2004] RVR 145-153(9) .
LCA/30/2003, 3 February 2004. Under the River Thames (Hungerford Bridge) Order 1999, statutory powers were given for the construction of two footbridges across the river on either side of the Hungerford railway bridge. During the construction works, hoardings were erected in Northumberland Avenue and Victoria Embankment outside claimant O's premises leaving only a narrow passage between hoardings and O's shop frontages. The frontages were also obscured from view. O sought compensation (based on diminution in rental value) under the Compulsory Purchase Act 1965 s10 (as applied by Art 6 of the 1999 Order). O's claim for injurious affection was allowed on the grounds that in absence of statutory powers it would have had a right of action in public nuisance in respect of the obstruction of the highway by the hoardings.
WESTMINSTER LBC V OCEAN LEISURE LTD
COMPULSORY PURCHASE ACT 1965 S10
INJURIOUS AFFECTION
HOARDINGS
OBSTRUCTION
DIMUNITION IN VALUE
HIGHWAY ACCESS
LCA/30/2003, 3 February 2004. Under the River Thames (Hungerford Bridge) Order 1999, statutory powers were given for the construction of two footbridges across the river on either side of the Hungerford railway bridge. During the construction works, hoardings were erected in Northumberland Avenue and Victoria Embankment outside claimant O's premises leaving only a narrow passage between hoardings and O's shop frontages. The frontages were also obscured from view. O sought compensation (based on diminution in rental value) under the Compulsory Purchase Act 1965 s10 (as applied by Art 6 of the 1999 Order). O's claim for injurious affection was allowed on the grounds that in absence of statutory powers it would have had a right of action in public nuisance in respect of the obstruction of the highway by the hoardings.
WESTMINSTER LBC V OCEAN LEISURE LTD
COMPULSORY PURCHASE ACT 1965 S10
INJURIOUS AFFECTION
HOARDINGS
OBSTRUCTION
DIMUNITION IN VALUE
HIGHWAY ACCESS