000 01625cab a2200205 4500
001 ABS43497
008 090401t1990 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u42057
041 _aeng
245 _aDhenin v Department of Transport
260 _c1990
350 _a0
490 _aProperty and Compensation Reports
_v(1990) 60 PCR 349-353(5)
520 _aLT 7 March 1990. Value of a residential property was affected by the opening of a section of the M25 on 9 October 1980. This reference was to determine the compensation payable under Land Compensation Act 1973 for depreciation caused to the house by the motorway . The date of valuation was one year after the section was opened. The claimant (D) asked for a figure of 20% of the open market value without the motorway, £125,000, and the Department of Transport supported a figure of 6%. D relied on the Bwllfa principle to justify reliance on actual traffic counts after the date of valuation rather than projected figures estimated before that date. As the M25 was constructed over a number of years and opened to traffic bit by bit, full impact of the traffic load was not felt until further connections were opened. It was held that the Bwllfa principle had no application in this case since the 1973 Act provided that compensation had to be ascertained at a specific date, on the facts at that
650 _aNOISE
650 _aPROPERTY-INFRASTRUCTURE-TRANSPORT INFRASTRUCTURE-ROAD INFRASTRUCTURE
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
942 _n0
948 _c04/03/1997
999 _c27015
_d27015