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Henry Donnelly v Department for Infrastructure

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
JudgeMr Spence
Judgment Date16 February 2023
Neutral CitationR/14/2022
Date16 February 2023
CourtValuation Tribunal (NI)
LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964
ROADS (NORTHERN IRELAND) ORDER 1993
IN THE MATTER OF A REFERENCE
R/14/2022
BETWEEN
HENRY DONNELLY – APPLICANT
AND
THE DEPARTMENT FOR INFRASTRUCTURE - RESPONDENT
Re: Lands at Glensbrae Road, Rathkenny, Ballymena
Lands Tribunal for Northern Ireland – Henry Spence MRICS Dip.Rating IRRV (Hons)
Background
1. Mr Henry Donnelly (“the applicant”) is the owner of lands at Glensbrae Road, Rathkenny (“the
reference property”), located on the western side of the road.
2. The applicant’s claim is for damage to the reference property as a result of flooding, which he
alleges was caused by the Department for Infrastructure’s (“the respondent”) failure to dig
out and clean a drain on the eastern side of the Glensbrae Road. The Glensbrae Road is
adopted and maintained by the respondent.
3. The applicant is claiming £2,400 damages in total, £2,100 to restore the reference property
and £300 costs for time off in preparing evidence etc.
4. The respondent rejects the applicant’s claim for compensation as it claims it had an
appropriate system for cleaning the drains, verges and gullies on the Glensbrae Road.

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