Saxton & Ors v Secretary of State for Transport, Court of Appeal, January 30, 2009, [2009] EWLands LCA_11_2007
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Saxton & Ors v Secretary of State for Transport, Court of Appeal, January 30, 2009, [2009] EWLands LCA_11_2007
LCA/11/2007 LANDS TRIBUNAL ACT 1949 COMPENSATION compulsory purchase agricultural land acquired for M6 Toll claim for injurious affection to other land as result of lowering of water table original level of water - effect of dewatering on cultivation compensation awarded £100,000 IN THE MATTER OF A NOTICE OF REFERENCE BETWEEN (1) FRED SAXTON (2) WILLIAM HENRY SAXTON (3) FRANCES SAXTON (4) FRANK SAXTON (Trading together as Messrs F Saxton & Sons) Claimants and SECRETARY OF STATE FOR TRANSPORT Acquiring Authority Re: Land at Ashcroft Farm, Shenstone, Lichfield, Staffordshire Before: N J Rose FRICS Sitting at Procession House, 110 New Bridge Street, London EC4V 6JL on 27-28 November and 1-3 December 2008 Patrick Green, instructed by Moseleys, solicitors of Lichfield for the Claimants Timothy Mould, QC, instructed by Treasury Solicitor for the Acquiring Authority © CROWN COPYRIGHT 2009 The following cases were cited: Cooke v Secretary of State for the Environment (1974) 27 P&CR 234 Bolton MBC v Waterworth (1981) 42 P & CR 289 Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co [1903] AC James v United Kingdom (1986) 8 EHRR 123 DECISION Introduction
1. This is a reference to determine the compensation payable by the Secretary of State for Transport (the acquiring authority) arising from the compulsory acquisition of approximately 36 acres (14.57 hectares) of land forming part of Ashcroft Farm, Shenstone, Lichfield, Staffordshire for the construction of the M6 Toll road (the M6 (T)). The claimants are Mr Fred Saxton, Mr William Henry Saxton, Ms Frances Saxton and Mr Frank Saxton, who trade together as Messrs F Saxton & Sons. The claimants' overall farming enterprise extends to approximately 1,600 acres, all of which is devoted to arable production. Part of their freehold ownership at Ashcroft Farm was compulsorily acquired under the Birmingham Northern Relief Road (Burntwood to Weeford Section) Compulsory Purchase Order (No.PS3) 1998. Notice to treat was served on 27 June 2000 and the acquiring authority entered the land on 3 November 2000, which is the valuation date.2. On 29 September 2006 the parties agreed to settle the claimants' compensation claim in the sum of £750,000. The heads of claim covered by this agreement were compensation for the land taken, injurious affection and severance, crop loss and other disturbance, accommodation works, new farm plans and time spent by the claimants in dealing with the acquisition. This agreement expressly excluded any compensation which might be payable for injurious affection to the claimants' retained land. The claimants alleged that, as a result of the construction of the new road in cutting across their farm, the water table beneath the adjacent land has been lowered, with the result that the previous level of cropping is no longer sustainable. The issue to be determined in this reference is whether this allegation is well- founded and, if so, the amount of compensation (if any) which should be paid by way of injurious affection. The additional compensation claimed is £383,560. The acquiring authority contend that no further compensation is payable.3. Mr Patrick Green of co...See the full content of this document
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