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.