James v Shropshire County Council, Court of Appeal - Lands Tribunal, October 08, 2001, [2001] EWLands ACQ_110_1999

Resolution Date:October 08, 2001
Issuing Organization:Lands Tribunal
Actores:James v Shropshire County Council
 
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[2001] EWLands ACQ_110_1999 (08 October 2001)

ACQ/110/1999

LANDS TRIBUNAL ACT 1949

COMPENSATION - acquisition of two parcels of agricultural land - hope value -ransom value - compensation of £21,000 awarded

IN THE MATTER of a NOTICE OF REFERENCE

BETWEEN T R JAMES Claimant

and

SHROPSHIRE COUNTY COUNCIL Acquiring

Authority

Re: Plots 13 and 15,

A49/A53 Roundabout,

Battlefield Link Road,

Shrewsbury,

Shropshire

Before: P H Clarke FRICS

Sitting at Shrewsbury on 27 September 2001

The claimant did not appear and was not represented

Michael Druce instructed by senior solicitor, Shropshire County Council, for the acquiring authority.

DECISION OF THE LANDS TRIBUNAL

This is a reference to determine the compensation payable for two parcels of land acquired for the construction of the A5124 Battlefield Link Road on the northern outskirts of Shrewsbury.

The claimant did not appear and was not represented at the hearing, having given prior notice that he would not be taking part in these proceedings. The acquiring authority were represented by Michael Druce of counsel who called one witness, Colin D Smith FRICS IRRV.

FACTS

From the evidence I find the following facts.

On 19 December 1997 the Secretary of State for Transport confirmed The Shropshire County Council (A5124 Battlefield Link, Shrewsbury) Compulsory Purchase Order 1997 which authorised the acquisition of land for the construction of the Battlefield Link Road. The reference lands are plots 13 and 15 in this order. Notice to treat and notice of entry were served on 2 March 1998. Shropshire County Council (``the Council'') took possession of both plots on 27 July 1998. This is the date of valuation.

The Battlefield Link Road (A5124) is 1 km in length and runs east to west about two miles north of the centre of Shrewsbury. It links the A528 Ellesmere Road to the junction of the A49 Shrewsbury By-pass and A53 at a roundabout, reconstruction of which formed part of the scheme and adjoining which are sited the reference lands. At the time of my inspection the road had been built and was in use. The Battlefield Link Road is part of the North of Shrewsbury Challenge Project, a government partnership funded programme of works to attract development by inward investment into the area. The construction of this link road was necessary for the occupation of units on Battlefield Enterprise Park, which is situated to the south of the road at the western end. This Park comprises about 21 hectares of land owned by the Council. On 27 November 1997 outline planning permission was granted for the development of Phase 2 of this Enterprise Park for business use (B1, B2 and B8 uses) subject to a condition that ``none of the units shall be occupied until the Battlefield Link Road is completed and fully opened to the public.''

Plot 13 of the reference lands was a small, irregular shaped parcel of land situated in the north-western corner of the A49/A53 roundabout. In the compulsory purchaser order it is described as disused land to the west of roundabout including half the width of two disused roads. The site area is 980 sq m or 0.242 acre. At the date of acquisition it was isolated from the remainder of the claimant's landholding by the A49 Shrewsbury By-pass.

Plot 15 was a narrow, irregular shaped parcel of pasture land with an area of 3,600 sq m (0.89 acre) and is now situated in the southern part of the A49/A53 roundabout between the A5112 Battlefield Road and the A49 Shrewsbury By-pass. It originally formed part of OS field no.6766, pasture land with an area of 4.78 hectares (11.81 acres) and frontage to and access from Battlefield Road.

The area surrounding the reference lands is as follows. To the south of Battlefield Link Road, moving in a westerly direction from the A49/A53 roundabout, is Battlefield Road (A5112) which enters the roundabout, then there is an area of open land and then the developed part of Battlefield Enterprise Park. To the south of plot 15 and the A49/A53 roundabout, between Battlefield Road and Shrewsbury By-pass, is pasture land (plots A and B) owned by the claimant which is contiguous with plot 15. This land adjoins an area of woodland to the west (Lion Coppice) and to the south an area of land formerly owned by the claimant and sold to Bryant Homes and now developed, or in course of development, for housing (plot D). To the east of the Shrewsbury By-pass is an area of agricultural land owned by the claimant (plot C). On the north-eastern side of the A49/A53 roundabout is a site with planning permission for a Little Chef restaurant, budget hotel and petrol filling station (plot E).

By letters dated 10 November 1997 the...

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