Image from Google Jackets

Spirerose Ltd (In administration) v Transport for London [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2007] EWLands ACQ_41_2005, 16 November 2007.The court had to determine the amount of compensation payable to the claimant property owner (S) by the defendant (T) for the compulsory purchase of industrial premises under the London Underground (East London Line Extension) Order 1997. Located in a mixed-use area, S sought compensation based on the development value of the land, because planning permission could reasonably have been expected. T countered that in the absence of actual planning permission, the correct approach would be to base valuation on hope value. Held: compensation assessed. The amount of compensation payable for mixed-use development based on an assumption that planning permission would have been granted in the no-scheme world, even though no such assumption fell to be made under the Land Compensation Act 1961. Pointe Gourde Quarrying and Transport Co v Sub-Intendent of Crown Lands, Melwood Units Pty v Commissioner of Main Roads and Jelson Ltd v Blaby DC applied. Lacking evidence of comparable properties, the tribunal used residual valuation.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 145303-1001

[2007] EWLands ACQ_41_2005, 16 November 2007.The court had to determine the amount of compensation payable to the claimant property owner (S) by the defendant (T) for the compulsory purchase of industrial premises under the London Underground (East London Line Extension) Order 1997. Located in a mixed-use area, S sought compensation based on the development value of the land, because planning permission could reasonably have been expected. T countered that in the absence of actual planning permission, the correct approach would be to base valuation on hope value. Held: compensation assessed. The amount of compensation payable for mixed-use development based on an assumption that planning permission would have been granted in the no-scheme world, even though no such assumption fell to be made under the Land Compensation Act 1961. Pointe Gourde Quarrying and Transport Co v Sub-Intendent of Crown Lands, Melwood Units Pty v Commissioner of Main Roads and Jelson Ltd v Blaby DC applied. Lacking evidence of comparable properties, the tribunal used residual valuation.