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Lancaster-Thomas v Teignbridge District Council [electronic resource]

Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWLands LCA_167_2005, 18 June 2007. Considers whether compensation was due to the owner of a farm and land due to loss of value to property caused by the owner's inability to construct a boundary fence due to the refusal of planning permission. The claimant, Ms Lancaster-Thomas (L) argued that the refusal of planning permission for a fence and gate reduced value of her property. Valuations were produced to support this claim, but no comparables were offered. L argued that the existing hedge could not be used as a boundary and that without a fence border plot was of little value to prospective purchasers. "Held": The valuation of the damages suffered by L was not based on substantive comparable valuations and relied heavily on the market appraisal of the property. It was small enough that given the excellent position of the property and strength of the market, any loss suffered would be absorbed by the market. No compensation was payable.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 140949-1001

[2007] EWLands LCA_167_2005, 18 June 2007. Considers whether compensation was due to the owner of a farm and land due to loss of value to property caused by the owner's inability to construct a boundary fence due to the refusal of planning permission. The claimant, Ms Lancaster-Thomas (L) argued that the refusal of planning permission for a fence and gate reduced value of her property. Valuations were produced to support this claim, but no comparables were offered. L argued that the existing hedge could not be used as a boundary and that without a fence border plot was of little value to prospective purchasers. "Held": The valuation of the damages suffered by L was not based on substantive comparable valuations and relied heavily on the market appraisal of the property. It was small enough that given the excellent position of the property and strength of the market, any loss suffered would be absorbed by the market. No compensation was payable.