Walters and Others v Welsh Development Agency
Series: Rating and Valuation Reporter ; 41(4) [2001] RVR 93-104(12)Publication details: 2001Subject(s): Online resources: Summary: LT 3 January 2001. Claimants (W) sought compensation for the compulsory purchase of farmland adjacent to the Severn Estuary for the development of a wetlands nature reserve. Proposals for the nature reserve followed a proposal to build a barrage across Cardiff Bay, and the reserve was intended to compensate for the loss of the habitats in Cardiff Bay. W claimed the loss of the habitats in Cardiff Bay increased the value of their agricultural land as it constituted the best area for the nature reserve, and said their land had a ransom value and should be valued accordingly. The acquiring authority rejected this claim. The issues for the determination of W's claim were as follows: whether the land had particular suitability or adaptability as a nature reserve and whether the Land Compensation Act 1961 s5 r3 applied; whether the scheme behind the acquisition was the intended use of the land as a nature reserve or the construction of the Cardiff Bay Barrage and whether this affected the valuation. It was found that the Land Compensation Act 1961 s5 rule 3 did not apply as the land did not have a special suitability of adaptability for the purpose it was acquired, and the land must be valued without any consideration on the value of the nature reserve proposal. Copy of decision available on http://www.courtservice.gov.uk/tribunals/lands/decisions/dec-acq-93-97-99.htm| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS63973 (Browse shelf(Opens below)) | 1 | Available | 112938-1001 |
LT 3 January 2001. Claimants (W) sought compensation for the compulsory purchase of farmland adjacent to the Severn Estuary for the development of a wetlands nature reserve. Proposals for the nature reserve followed a proposal to build a barrage across Cardiff Bay, and the reserve was intended to compensate for the loss of the habitats in Cardiff Bay. W claimed the loss of the habitats in Cardiff Bay increased the value of their agricultural land as it constituted the best area for the nature reserve, and said their land had a ransom value and should be valued accordingly. The acquiring authority rejected this claim. The issues for the determination of W's claim were as follows: whether the land had particular suitability or adaptability as a nature reserve and whether the Land Compensation Act 1961 s5 r3 applied; whether the scheme behind the acquisition was the intended use of the land as a nature reserve or the construction of the Cardiff Bay Barrage and whether this affected the valuation. It was found that the Land Compensation Act 1961 s5 rule 3 did not apply as the land did not have a special suitability of adaptability for the purpose it was acquired, and the land must be valued without any consideration on the value of the nature reserve proposal. Copy of decision available on http://www.courtservice.gov.uk/tribunals/lands/decisions/dec-acq-93-97-99.htm