Ward Construction (Medway) Ltd v Barclays Bank Plc and Another
| Jurisdiction | England & Wales |
| Judgment Date | 01 July 1994 |
| Date | 01 July 1994 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Nourse, Lord Justice Beldam and Lord Justice Simon Brown
Lands Tribunal - compulsory purchase - enormous valuation cannot be overturned
A lands tribunal valuation of compensation in an enormous amount payable for the compulsory purchase of a small area of land for road improvements required to complete a residential development was not based on any error of law and could not be disturbed.
The Court of Appeal so held in a reserved judgment dismissing an appeal by the property developer, Ward Construction (Medway) Ltd, and by the highway authority, Kent County Council, from the decision of Dr T Hoyes in the lands tribunal ((1992) 1 EGLR 217) to award compensation of £2.15 million to Hubert Dorrington Batchelor for the compulsory purchase of 0.86 acres of his land for use as a roundabout at Grove Green, Maidstone. By an order of March 1, 1994, Barclays Bank plc were substituted in place of Mr Batchelor as respondents to the appeal.
Mr Peter Boydell, QC and Mr Rodney Stewart Smith for Ward; Mr Malcolm Spence, QC and Mr Adrian Trevelyan-Thomas for Kent; Mr Robin Purchas, QC and Mr Meyric Lewis for Barclays Bank.
LORD JUSTICE NOURSE said that the property developer owned a substantial part of the land at Grove Green allocated for development. Planning permission was conditional on the satisfactory completion of the off-site road works that included the construction of the roundabout on the claimant's land.
A second adjoining parcel of 0.97 acres required for access purposes was in separate ownership and was the subject of a counter-notice served under section 53 of the Land Compensation Act 1973 (notice to treat in respect of part of agricultural land) and which had been accepted by the highway authority.
By virtue of an agreement under section 278 of the Highway Act 1980 the property developer was committed to bearing 65 per cent of those land acquisition costs.
It seemed as a matter of initial impression that the valuation of £2.15 million was an enormous amount for 0.86 acres for which the existing use value was £3,000. But after careful reflection on the arguments of the parties no error of law had been shown and, although certain aspects of the process of valuation seemed mystifying, the appeal had to fail.
Two decisions were at the heart of the appeal. In Pointe Gourde Quarrying and Transport Co Ltd...
To continue reading
Request your trial
-
Decision Nº ACQ 23 1999. Upper Tribunal (Lands Chamber), 25-09-2000
...2 EGLR 159 Salop County Council v Craddock (1969) 213 EG 633 Wards Construction (Medway ) Ltd v Barclays Bank plc & Kent County Council (1994) 68 P&CR 391 South Eastern Ry Co v London County Council [1915] 2 Ch 252 Re Lucas and Chesterfield Gas & Water Board [1909] 1 KB 16 Robin Purchas QC ......
-
Decision Nº ACQ 48 2013. Upper Tribunal (Lands Chamber), 02-12-2014
...[1971] 1 All ER 628 Trocette Property Co v Greater London Council (1974) 28 P&CR 408 Ward Construction (Medway) Ltd v Barclays Bank plc (1994) 68 P&CR 391 Director of Buildings and Lands v Shun Fung Ironworks Ltd [1995] 2 AC 111 Kaufman v Gateshead Borough Council [2012] RVR 128 DECISION Th......
-
Logan v Scottish Water
...1992 SLT 79; 1991 SCLR 556 Vestey v Blunt 1988 SLT (Lands Tr) 34; 1986 SLCR 150 Wards Construction (Medway) Ltd v Barclays Bank plcUNK[1994] 2 EGLR 32; (1994) 68 P & CR 391 Waters and ors v Welsh Development AgencyUNKWLRUNK [2004] UKHL 19; [2004] 1 WLR 1304; [2004] 2 All ER 915 Wildtree Hot......
-
Waters and Others v Welsh Development Agency
...v Wakefield Metropolitan District Council (1979) 37 P & CR 478, Batchelor v Kent County Council (1989) 59 P & CR 357, Wards Construction (Medway) Ltd v Barclays Bank Plc (1994) 68 P & CR 391, J A Pye (Oxford) Ltd v Kingswood Borough Council [1998] 2 EGLR 159, and Bolton Metropolitan Borou......