Roberts (C F & M G) v South Gloucestershire DC
Series: Rating and Valuation Reporter ; [2002] RVR 63-84(22)Publication details: 2002Subject(s): Online resources: Summary: LT 12 November 2001. Claimants R sought compensation for compulsory acquisition of 1.6 ha of land in connection with the construction of a section of a ring road pursuant to planning permission granted in 1988. Construction of the ring road, where passing through R's land, required mineral extraction. The parties were agreed in principle that if minerals extracted from land as part of a scheme had a value, that value should be taken into account in calculating compensation under the Land Compensation Act 1961. The issue was whether the deemed planning consent under s18 of the 1961 Act or the planning permission for the road scheme would allow the extraction of minerals as a commercial and discrete operation, without completion of the new road. R's case was that they should be compensated for the minerals, either at £400 000 based on the value for extraction to a minerals operator or £200 000 based on the value of the quantities actually extracted. The council's case was that the minerals were not relevant in valuation terms because planning permission did not exist for extraction of minerals and even if it did the materials were of poor quality. The council claimed the land only had a value for agricultural purposes and horse grazing of £17 000. "Held", compensation payable by the council to R was £17 000 because the actually planning permission was clearly for a road and not for the extraction of minerals as a commercial and discrete operation. View decision at http://www.courtservice.gov.uk/tribunals/lands/decisions/dec-acq-90-93.htm| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS65352 (Browse shelf(Opens below)) | 1 | Available | 117707-1001 |
LT 12 November 2001. Claimants R sought compensation for compulsory acquisition of 1.6 ha of land in connection with the construction of a section of a ring road pursuant to planning permission granted in 1988. Construction of the ring road, where passing through R's land, required mineral extraction. The parties were agreed in principle that if minerals extracted from land as part of a scheme had a value, that value should be taken into account in calculating compensation under the Land Compensation Act 1961. The issue was whether the deemed planning consent under s18 of the 1961 Act or the planning permission for the road scheme would allow the extraction of minerals as a commercial and discrete operation, without completion of the new road. R's case was that they should be compensated for the minerals, either at £400 000 based on the value for extraction to a minerals operator or £200 000 based on the value of the quantities actually extracted. The council's case was that the minerals were not relevant in valuation terms because planning permission did not exist for extraction of minerals and even if it did the materials were of poor quality. The council claimed the land only had a value for agricultural purposes and horse grazing of £17 000. "Held", compensation payable by the council to R was £17 000 because the actually planning permission was clearly for a road and not for the extraction of minerals as a commercial and discrete operation. View decision at http://www.courtservice.gov.uk/tribunals/lands/decisions/dec-acq-90-93.htm