000 01816cad a22002055a 4500
001 L140293
008 070917e20060421xxk v 000 0 eng d
035 _a(Sirsi) u140293
041 0 _aeng
245 0 0 _aMoto Hospitality Ltd v Highways Agency
_h[electronic resource]
260 _c2006
520 _a[2006] EWLands LCA/122/2005, 21 April 2006. Considers the claimant's entitlement to compensation under the Compulsory Purchase Act 1965 s10 for the diminution in value of its interest in the land. Claimant (M) operated a Motorway Service Area (MSA) at junction 10 on the M40 and claimed it was adversely affected by junction alterations carried out by the compensating authority (H). M's claim for compensation under the 1965 Act s10 was for £15.5m and was for both temporary and permanent loss. Two key issues were debated by the defendants. Firstly, that the loss M claims to have suffered resulted from the stopping-up of the slip roads did not constitute 'the works' for the purpose of the 1965 Act s10. Secondly, that M did not suffer particular damage greater than that suffered by the public. "Held": any reduction in the value of the land during the period of construction is compensatable provided that it was the result of obstructions to routes of access between the motorway and the MSA. On this basis, M was entitled to compensation under the 1965 Act s10.
650 2 4 _aCOMPULSORY PURCHASE ACT 1965 S10
650 2 4 _aLANDS TRIBUNAL ACT 1949
650 2 4 _aMOTO HOSPITALITY LTD V HIGHWAYS AGENCY
651 4 _aEngland and Wales
_y1543-
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
856 4 0 _uhttps://www.bailii.org/ew/cases/EWLands/2006/LCA_122_2005.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c79242
_d79242