Kettering Borough Council v Anglian Water Services Plc, Court of Appeal - Lands Tribunal, January 16, 2001, [2001] EWLands LCA_121_2000

Reporting Judge: [2001] EWLands LCA_121_2000

President: Kettering Borough Council v Anglian Water Services Plc

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Extract

Kettering Borough Council v Anglian Water Services Plc, Court of Appeal - Lands Tribunal, January 16, 2001, [2001] EWLands LCA_121_2000

[2001] EWLands LCA_121_2000 (16 January 2001) LCA/121/2000

LANDS TRIBUNAL ACT 1949

Water Industry Act 1991 Sched 12 para2(1) - compensation for depreciation in value of land by virtue of exercise of pipe-laying powers - no ``ransom value'' - non-existence of powers not to be assumed - apportionment of ransom value between intervening owners

IN THE MATTER of a NOTICE OF REFERENCE

BETWEEN KETTERING BOROUGH COUNCIL Claimant

and

ANGLIAN WATER SERVICES plc Respondent

Re: Land at Springfield Road/Lewis Road

Kettering

Northamptonshire

Tribunal Member: HIS HONOUR JUDGE MICHAEL RICH QC

Sitting at 48/49 Chancery Lane, London WC2A 1JR

On 8 and 9 January 2001

The following cases are referred to in this decision:

Batchelor v Kent County Council [1990] 1 EGLR 32

Farrell v Alexander [1977] AC 59

Horn v Sunderland Corpn [1941] 2 KB 26

Melwood Units Pty Ltd v Commissioner of Main Roads [1979] AC 426

Nelungaloo Proprietary Limited v Commonwealth (1947) 75 CLR 495

Pointe Gourde Quarrying & Transport Company Limited v Sub-Intendent of Crown Lands [1947] AC 565

Wrotham Park Settled Estates v Hertsmere Borough Council (LT) (1991) 62 P&CR 652 and (CA) 33 RVR 56

For the Claimants: Mr Barry Denyer-Green QC instructed by Mr George Grynowski, head of Legal Services.

For the Respondents: Mr Alan Pardoe QC with Mr Gerald Rabie instructed by Mr Richard McAdam of Anglian Water Services plc Legal section

DECISION

Facts and Issues

The Claimants seek determination of the compensation due to them under Schedule 12 of the Water Industry Act 1991,for the depreciation...

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