Margaret Jones v Welsh Government
[2024] UKUT 316 (LC)
David Trevor Fisk v Suffolk County Council
7 September 2023
[2023] UKUT 214 (LC)
Upper Tribunal
A homeowner's house value went down because of a new road nearby. The judge looked at similar houses and decided the house lost £10,000 in value because of the road's lights and noise.
Key Facts
- •Claim for compensation under Part I of the Land Compensation Act 1973.
- •Claimant: David Fisk, joint owner of 39 Grimwade Close, Brantham, Suffolk.
- •Claim arises from depreciation in value due to a new highway spur (Pioneer Way).
- •Original claim: £35,000, assessed at September 1, 2021.
- •Dispute over valuation date resolved; agreed date: September 1, 2021.
- •Physical factors: All-night lighting (later changed to part-night), construction noise, fumes.
- •Valuation evidence: Claimant relied on an estate agent's letter; Respondent used an expert report.
- •Switched-off value (hypothetical value without physical factors): Assessed at £400,000.
- •Switched-on value (actual value with physical factors): Determined through comparable sales analysis.
- •Comparable sales: Analysis of several properties, including those in Hardy Close and Browning Road.
Legal Principles
Right to compensation for depreciation in land value due to physical factors caused by public works.
Land Compensation Act 1973, Section 1
Relevant date for claims related to highways is the date it was first open to public traffic.
Land Compensation Act 1973, Section 1(9)
Claims cannot be made before the expiration of twelve months from the relevant date.
Land Compensation Act 1973, Section 3(2)
Compensation is assessed by reference to prices current on the first claim day.
Land Compensation Act 1973, Section 4(1)
In assessing depreciation, account shall be taken of the use of the works as it exists on the first claim day and of any intensification that may then be reasonably expected.
Land Compensation Act 1973, Section 4(2)
The value of land shall be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realise.
Land Compensation Act 1961, Section 5(2)
Outcomes
Compensation awarded: £10,000.
The Tribunal considered the impact of physical factors (all-night lighting, construction noise) on the property's value at the valuation date. While some factors were mitigated after the valuation date, the Tribunal considered what a purchaser would have reasonably expected at the valuation date and awarded a round figure discount to reflect this.