Poole v South West Water Ltd, Court of Appeal - Lands Tribunal, March 09, 2011, [2011] UKUT 84 (LC)

Resolution Date:March 09, 2011
Issuing Organization:Lands Tribunal
Actores:Poole v South West Water Ltd
 
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© CROWN COPYRIGHT 2011

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UT Neutral citation number: [2011] UKUT 84 (LC)

LT Case Number: LCA/579/2010

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

COMPENSATION - water - disturbance resulting from installation of water main across agricultural land - surveyor's fee - all other surveyor's fees in connection with the works based on Ryde's scale (1996) plus 20 per cent - whether claimant's surveyor entitled to a higher fee based on amount of time spent - surveyor's fee determined on time basis at £3,219.50 - Water Industry Act 1991, s159.

IN THE MATTER OF A NOTICE OF REFERENCE

BETWEEN ROBERT POOLE Claimant

and

SOUTH WEST WATER LTD Compensating

Authority

Re: Land at Fentonfenna Farm

Ruthvoes

Near Indian Queens

St Columb

Cornwall

TR9 6HT

Before: N J Rose FRICS

DETERMINATION BASED ON WRITTEN REPRESENTATIONS

The following cases are referred to in this decision:

Matthews v Environment Agency [2002] 3 EGLR 168

Newman v Cambridgeshire County Council ACQ/485/2010, 14 February 2011, unreported

DECISION

Introduction

  1. This is a reference to determine the compensation payable for loss or damage attributable to the exercise by the compensating authority of its power to construct and install a new water main across the claimant's property, known as Fentonfenna Farm, in the hamlet of Ruthvoes, near Indian Queens, Cornwall. The works were carried out pursuant to section 159 of the Water Industry Act 1991. The claimant is Mr Robert Poole and South West Water Limited (SWW) is the compensating authority. The works commenced in or about May 2008 and were substantially completed at the end of October 2009.

  2. Compensation was agreed on 15 July 2010 in the sum of £12,940.25. This figure included all heads of claim, apart from the fees payable to the claimant's surveyor for negotiating the claim. The amount of those fees forms the sole issue in this reference, which the parties have agreed is to be determined under the Tribunal's written representations procedure. Written submissions have been received from Mr Gareth Rowe BSc(Hons), MRICS, FAAV, an associate partner of Messrs Stags, chartered surveyors of Truro and elsewhere on behalf of the claimant and from Mr Oliver Denne, estates surveyor with the compensating authority.

    Facts

  3. In the light of the evidence I find the following facts. Fentonfenna Farm is an 82 acre mixed livestock farm in the freehold ownership of Cornwall County Council and let to the claimant under a farm business tenancy agreement. During the construction of the A30 Indian Queens - Innis Downs dual carriageway, a large water main (Cornwall Spine Main) was damaged by excavation works which resulted in a major leak and severe disruption to the water supply in Mid/West Cornwall. As a result of this major incident, SWW decided to lay an additional water main (Cornwall Spine Main Replacement) to enable them to maintain water distribution should such an incident recur. The proposed route of the Cornwall Spine Main Replacement was through the middle of Fentonfenna Farm, crossing seven different enclosures over a total length of approximately 860m.

  4. On 26 October 2007 SWW served formal notice on the claimant that it proposed to construct and install a 650mm diameter new water main across the holding. Mr Denne met the claimant at the farm on 6 November 2007 to discuss losses likely to be incurred as a result of the works. Following this meeting an interim payment of £2,500 was made to the claimant, based on 90% of Mr Denne's assessment of the likely losses.

  5. On 11 February 2008 a further statutory notice was served on the claimant. This again related to the proposed laying of a 650mm main, but this time on a slightly different route. The claimant was advised that SWW would enter the holding to commence works on or after 14 May 2008. The projected timescale was six months, affecting one growing season.

  6. On 20 October 2008 Mr Denne wrote to the claimant's landlord. He said that the pipe had been successfully installed, apart from ``a couple of particularly problematic areas (most notably the railway crossing at Fentonfenna)''. Since that crossing is situated in the middle of the claimant's holding, the pipe installation works could not be completed in this area. Mr Denne also explained that the works were not as straightforward as had been hoped. They had also been delayed by environmental legislation relating to the protection of dormice. For this reason, together with the delay in crossing under the railway line, the planned reinstatement could not be undertaken in autumn 2008 as originally planned.

  7. On 20 November 2008 the claimant instructed Mr Rowe to act on his behalf in respect of all compensation matters relating to the Cornwall...

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