Notesale: Turn your study into money

Document Preview

Extracts from the notes are below, to see the PDF you'll receive please use the links above

---

Statutory Valuations 1
1
...
gos
...
uk/497417/docs/200511/ Olympic_CPO
...
5 of the Land Compensation Act 1961 prescribes the following rules for assessing compensation:



1 No allowance shall be made on account of the acquisition being compulsory








2 The value of land shall, except as in rules 3 to 6 below, be taken to be the amount
which the land if sold in the open market by a willing seller might be expected to realise
3 The special suitability or adaptability of the land for any purpose shall not be taken
into account, if that purpose is a purpose to which it could be applied only in pursuance
of statutory powers, or for which there is no market apart from the requirements of any
authority possessing compulsory purchase powers
4 Where the value of the land is increased by reason of the use thereof, or of any
premises thereon, in a manner which could be restrained by any court, or is contrary to
law, or is detrimental to the health of the occupants of the premises or to the public
health, the amount of that increase shall not be taken into account
5 Where land is, and but for the compulsory acquisition would continue to be, devoted
to a purpose of such a nature that there is no general demand or market for land for
that purpose, the compensation may, if the Upper Tribunal (Lands Chamber) is satisfied
that reinstatement in some other place is bona fide intended, be assessed on the basis
of the reasonable cost of equivalent reinstatement



6 The provisions of rule 2 shall not affect the assessment of compensation for
disturbance or any other matter not directly based on the value of land: Harvey v
Crawley [1957]
Planning Assumptions
Under sections 14-16 of the Land Compensation Act 1961:







The planning situation should be taken as it exists as at the date of valuation
Existing planning permissions as at date of notice to treat should be taken into account s
...
14(1) and (2)
Development is any permitted under the existing use provision - s
...
15(5) 5
For CPOs made after 25 September 1991, s
...
17 and related provisions of the Land Compensation Act 1961: T

o
o

he landowner or authority may apply to the local planning authority for a
certificate stating what development, if any, would otherwise have been
permitted on the land

This certificate shall be taken into account in valuing the land
Valuation Date for Assessment of Compensation





The House of Lords held, in Birmingham Corporation v West Midland Baptist (Trust)
Association (Inc) [1969], that the relevant valuation dates will differ according to whether
rule 2 or rule 5 of section 5 of the Land Compensation Act 1961 applies
Rule 2 says that the value of the interest being acquired is to be assessed as at the date
possession is taken, or, if earlier, the date when the value is agreed or is assessed by the
Upper Tribunal (Lands Chamber)
Under rule 5, the cost of equivalent reinstatement is to be arrived at by reference to the
date on which the commencement of reinstatement should be regarded to have become, or
be expected to have become, reasonably practicable



---