Boland v Welsh Development Agency, Court of Appeal - Lands Tribunal, March 18, 2005, [2005] EWLands ACQ_9_2003

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Boland v Welsh Development Agency, Court of Appeal - Lands Tribunal, March 18, 2005, [2005] EWLands ACQ_9_2003

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© CROWN COPYRIGHT 2005

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ACQ/9/2003

LANDS TRIBUNAL ACT 1949

COMPENSATION - compulsory acquisition - valuation - cleared site - planning permissions for housing association development and for elderly persons units - value of land - claim for loss of profit from prospective development - held compensation payable for value of land only - compensation £145,815.36

IN THE MATTER of A NOTICE OF REFERENCE

BETWEEN MAGALIE MURIEL BOLAND Claimant

and

WELSH DEVELOPMENT AGENCY Acquiring Authority

Re: Land at West Terrace, Penarth, South Glamorgan

Before: P R Francis FRICS

Sitting at: Cardiff County Court, 2 Park Street, Cardiff, CF10 1ET

on

1 & 2 March 2005

Michael Boland, in person, with permission of the Tribunal, for the claimant

Charles Parsley, instructed by Land Development and Legal Services, Welsh Development Agency, for the acquiring authority

The following case is referred to in this decision:

Ryde International plc v London Regional Transport [2004] RVR 60

DECISION

1. This is a reference to determine the amount of compensation payable to Mrs M M Boland (``the claimant'') by the Welsh Development Agency (``WDA'' or ``the acquiring authority'') for the compulsory acquisition of 1,359 sq m land at West Terrace, Penarth, South Glamorgan (``the subject land''). The land, a cleared and vacant site, was acquired under the Land Authority for Wales (Land to the south-west of West Terrace, Penarth) Compulsory Purchase Order 1993 (``the CPO'') pursuant to an agreement between WDA and Hafod Housing Association (``HHA''). It was vested on 10 June 1997 (the agreed valuation date), and was subsequently developed by HHA with 10 s...

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