Richards and Richards v Somerset CC
Series: Rating and Valuation Reporter ; [2001] RVR 229-232(4)Publication details: 2001Subject(s): Summary: LT 18 June 2001. The reference land was a vacant plot of land on the line of Eastern Distributor Road (EDR) on the outskirts of Burnham-on-Sea. The claimants (R) were refused planning permission to build on the reference land and in December 1997 served a purchase notice on Sedgemoor DC. This was confirmed in 1999 with the substitution of Somerset CC as the acquiring authority. Somerset CC took possession of the land on 18 August 1999, the agreed date of valuation. Earlier in February 1999 R referred their claim for compensation to the Lands Tribunal. Expert reports were lodged on 17 September 1999. R's valuation was on the basis that the land had a ransom value because it was the only land available to access Rosewood Farm, in the no scheme world, disregarding any indication of the Land Compensation Act 1961 s9 of compulsory purchase. The LT determined in 2000 that there was no scheme underlying the acquisition of reference land and that the value to be reached was the open market value under s5 of the 1961 Act. R produced a valuation report in March 2001 on the basis that the land possessed ransom value in the real world at the date of valuation due to the publication of the deposit draft local plan in June 201 which allocated land for housing development on the open land to the east of the EDR. Somerset CC argued that R's valuation report be not accepted by the LT. "Held", the application by Somerset CC was dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS64784 (Browse shelf(Opens below)) | 1 | Available | 115853-1001 |
LT 18 June 2001. The reference land was a vacant plot of land on the line of Eastern Distributor Road (EDR) on the outskirts of Burnham-on-Sea. The claimants (R) were refused planning permission to build on the reference land and in December 1997 served a purchase notice on Sedgemoor DC. This was confirmed in 1999 with the substitution of Somerset CC as the acquiring authority. Somerset CC took possession of the land on 18 August 1999, the agreed date of valuation. Earlier in February 1999 R referred their claim for compensation to the Lands Tribunal. Expert reports were lodged on 17 September 1999. R's valuation was on the basis that the land had a ransom value because it was the only land available to access Rosewood Farm, in the no scheme world, disregarding any indication of the Land Compensation Act 1961 s9 of compulsory purchase. The LT determined in 2000 that there was no scheme underlying the acquisition of reference land and that the value to be reached was the open market value under s5 of the 1961 Act. R produced a valuation report in March 2001 on the basis that the land possessed ransom value in the real world at the date of valuation due to the publication of the deposit draft local plan in June 201 which allocated land for housing development on the open land to the east of the EDR. Somerset CC argued that R's valuation report be not accepted by the LT. "Held", the application by Somerset CC was dismissed.