Nicholls v Highways Agency, Court of Appeal - Lands Tribunal, January 14, 2000, [2000] EWLands ACQ_141_1997

Reporting Judge: [2000] EWLands ACQ_141_1997

President: Nicholls v Highways Agency

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Nicholls v Highways Agency, Court of Appeal - Lands Tribunal, January 14, 2000, [2000] EWLands ACQ_141_1997

[2000] EWLands ACQ_141_1997 (14 January 2000) ACQ/141/1997

LANDS TRIBUNAL ACT 1949

COMPENSATION - simplified procedure - compulsory acquisition of grassland with hardstanding and shed - whether undertaking given at CPO inquiry that compensation would be assessed on cost of reinstatement - whether compensation to be assessed under r(5) of s 5 Land Compensation Act 1961 - whether compensation for reinstatement can be claimed as disturbance - alternative assessments of compensation agreed - compensation of £3,500 awarded for the value of the land with the hardstanding and shed under r(2) of s 5 of 1961 Act - Land Compensation Act 1961, s 5 rules (2) and (5); Compulsory Purchase Act 1965, s 7 - sealed offer in excess of award - costs of hearing awarded to Authority.

IN THE MATTER of a NOTICE of REFERENCE

BETWEEN LESLIE BERNARD NICHOLLS Claimant

and

HIGHWAYS AGENCY Acquiring

Authority

Re: Land south of Warninglid Flyover (B2115)

near Haywards Heath, West Sussex

Tribunal Member: P H CLARKE Esq FRICS

Sitting in public using the simplified procedure at

48/49 Chancery Lane, London WC2 on 6 December 1999

The following cases are referred to in this decision:

Trustees of the Manchester Homeopathic Clinic v Manchester Corporation (19...

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