Feavearyear v Ipswich Borough Council, Re 94 Foxhall Road, Court of Appeal - Lands Tribunal, September 08, 2011, [2011] UKUT 348 (LC)

Resolution Date:September 08, 2011
Issuing Organization:Lands Tribunal
Actores:Feavearyear v Ipswich Borough Council, Re 94 Foxhall Road

11© CROWN COPYRIGHT 20111UT Neutral citation number: [2011] UKUT 348 (LC)Case Number: ACQ/52/2011 TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007COMPENSATION - compulsory purchase - dwelling house and garages in poor condition - value - acquiring authority's valuation based on redevelopment with 6 town houses and local comparables accepted - compensation of £201,500 determined. IN THE MATTER OF A NOTICE OF REFERENCEBETWEEN ANNE FEAVEARYEAR Claimant and IPSWICH BOROUGH COUNCIL Acquiring Authority Re: 94 Foxhall Road Ipswich Suffolk Before: N J Rose FRICS Determination based on written representations DECISIONIntroduction1. This is a reference by Ipswich Borough Council, the acquiring authority, to determine the compensation it must pay for the compulsory acquisition of the freehold interest in a bungalow and twenty domestic garages on a site known as 94 Foxhall Road, Ipswich.2. The subject property was compulsorily acquired under the Ipswich Borough Council (94 Foxhall Road) Compulsory Purchase Order 2004, made under section 17 of the Housing Act 1985 on 2 August 2004 and confirmed by the First Secretary of State on 10 March 2005. The acquiring authority executed a general vesting declaration on 11 October 2005 and the vesting date, which is also the valuation date, was 9 January 2006. 3. The compensation is payable to the owner, Mrs Anne Feavearyear, who did not respond to letters from the acquiring authority inviting a claim of compensation or from the Tribunal requesting a statement of case. Mrs Feavearyear has taken no part in the reference, which has been determined under the Tribunal's written representation procedure. Submissions on behalf of the acquiring authority were made by Mr David Wass FRICS, sole principal of Beane Wass and Box, chartered surveyors of Ipswich. Mr Wass was formerly an equity partner in Carter Jonas.Facts4. From the evidence I find the following facts. The subject property lies about 1.5 miles east of Ipswich town centre, on a roughly triangular site of approximately 0.41 acre, with a frontage to the south side of Foxhall Road of approximately 30 feet and a width at the rear of approximately 153 feet. On the valuation date, in the immediate vicinity fronting Foxhall Road there was a local post office, retail shop and small engineering works, but the general area was primarily in residential use. The site was bounded to the east by 122 Foxhall Road, to the south by 239-253 Cavendish Street and to the west by 92...

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