Proctor & Anor v Highways Agency, Court of Appeal - Lands Tribunal, October 28, 2005, [2005] EWLands ACQ_151_2002

Reporting Judge: [2005] EWLands ACQ_151_2002

President: Proctor & Anor v Highways Agency

Linked as:

Extract

Proctor & Anor v Highways Agency, Court of Appeal - Lands Tribunal, October 28, 2005, [2005] EWLands ACQ_151_2002

Proctor & Anor v Highways Agency [2005] EWLands ACQ_151_2002 (28 October 2005)

ACQ/151/2002

LANDS TRIBUNAL ACT 1949

COMPENSATION - compulsory purchase - caravan park - bisected by bypass - whether deemed permission for caravan site granted as result of 1960 application for site licence - whether planning consent would have been granted for caravan site use south of bypass line in the no-scheme world - extent of diminution in value of retained undeveloped pitches, warden's bungalow and amenity land - whether value attributable to existing income where site suitable for redevelopment - whether value affected by possible ransom over access and services passing across canal - compensation awarded £500,325

IN THE MATTER OF A NOTICE OF REFERENCE

BETWEEN (1) THE PERSONAL REPRESENTATIVES OF

JACK CLINTON PROCTOR DECEASED

(2) THE PERSONAL REPRESENTATIVES OF

JACK WILLIAM PROCTOR DECEASED Claimants

and

HIGHWAYS AGENCY Acquiring

Authority

Re: Caravan Park,

boat moorings and other leisure activities

together with various rights over land,

Proctor's Pleasure Park,

Barrow-upon-Soar

Leicestershire

Before: N J Rose FRICS

Sitting at Procession House, 110 New Bridge Street, London EC4V 6JL

On 5-9 and 30 September 2005

Michael Humphries QC instructed by Hawley and Rodgers, solicitors of Loughborough for the claimants

Guy Adams instructed by the Treasury Solicitor for the acquiring authority

The following cases are referred to in this decision:

James v Minister of Housing and Local Government [1968] AC 409

R v Axbridge Rural District Council, ex parte Wormald [1964] 1 WLR 442

The following cases were also cited:

Williams-Denton v Watford Rural District Council (1963) 61 LGR 423

Biss v Smallburgh Rural District Council [1965] 1 Ch 335

Edsell Caravan Parks Ltd v Hemel Hempstead Rural District Council [1966] 1 QB 895

Glamorgan County Council v Carter [1962] 3 All ER 866

Vaughan v Secretary of State for the Environment and another [1986] JPL 840

Clinker and Ash Ltd v Southern Gas Board (1967) 18 P & CR 372

Shaw v London Borough of Hackney (1974) 28 P & CR 477

Allied Maples Group Ltd v Simmons & Simmons [1995] 1 WLR 1602

Wilson v West Sussex County Council [1963] 2 QB 764

I'm Your Man Ltd v Secretary of State for the Environment (1999) 77 P & CR 251

DECISION

Introduction

1. These are two references, consolidated by order of the Tribunal, to determine the compensation payable by the Highways Agency (``the acquiring authority'') for the freehold interest in 6.03 acres and the leasehold interest in 1.02 acres of land, being part of Proctor's Pleasure Park, Barrow-upon-Soar, Leicestershire. That land was compulsorily acquired under the (A6) London-Inverness Trunk Road (Quorn-Mountsorrel Bypass) Compulsory Purchase Order (EM No.3) 1989 (``th...

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