Castlefield Property Limited v National Highways Ltd
[2023] UKUT 217 (LC)
Margaret Jones v Welsh Government
4 October 2024
[2024] UKUT 316 (LC)
Upper Tribunal
A new road was built near Mrs. Jones's house, impacting access. The court decided she should get £20,000 because of the difficulty in accessing her property, and additional money for costs related to her horse and dealing with Japanese Knotweed that appeared after the road construction.
Key Facts
- •Compulsory purchase of a small parcel of land from Mrs. Jones for a new road scheme.
- •Injurious affection claim for impact on retained house, buildings, and land.
- •Disturbance compensation claim for livery costs and Japanese Knotweed control.
- •Valuation date: 6 November 2017.
- •Dispute over the 'no-scheme world' value of the property and the extent of injurious affection.
- •Expert evidence provided by both claimant and respondent.
Legal Principles
Assessment of compensation for injurious affection under section 7 of the Compulsory Purchase Act 1965.
Compulsory Purchase Act 1965, section 7
Valuation of land should disregard matters unknown at the valuation date.
Castlefield Properties Limited v National Highways Ltd [2023] UKUT 217 (LC)
Principle of equivalence in disturbance compensation, requiring causal connection, non-remoteness, and mitigation.
Director of Buildings and Lands v Shun Fung Ironworks Ltd [1995] 2 AC 11
Outcomes
Injurious affection compensation awarded at £20,000.
Loss of direct access to the A465 and uncertainty about the alternative access justified a discount on the property's value.
Disturbance compensation awarded at £1,580 for livery costs.
Costs incurred due to construction disruption met the tests in Shun Fung, despite limitations in evidence.
Disturbance compensation awarded at £7,200 for Japanese Knotweed control.
While causal connection was not fully established, the claim was not considered too remote, and the respondent's delay exacerbated the problem.