A Bolsover couple who spent 30 years landscaping the garden of their bungalow, only to see it destroyed in a landslip, have successfully applied to increase the compensation awarded to them.
The Court of Appeal has overruled a Lands Tribunal decision awarding £10,000 to Peter and Patricia Cordery, of 43 New Station Road, Bolsover, and has ordered the Coal Authority to pay compensation of more than £70,000. This will cover the cost of completely restoring their garden, complete with garden shed, summer house and pond, stone paths and steps, a rockery, a rose garden, lawns, shrubs and trees.
Peter Gibson LJ ruled that, rather than simply recovering the cost of clearing and regrassing the garden, he could “see no reason why they should not be entitled to see the terraces and other features of their garden restored”.
He said: “Reading the decision as a whole, including the unequivocal rejection of making an award reflecting depreciation due to blight, I am not persuaded that, in reaching its conclusions, the tribunal fell into error.”
The court also made awards totalling more than £300,000 in favour of the owners of seven other properties in Bolsover High Street, which had been damaged by landslips since the 1980s.
Langley & others v Coal Authority Court of Appeal (Peter Gibson and Mance LJJ and Hooper J) 21 February 2003.
Paul Darling QC (instructed by DLA, of Sheffield) appeared for the appellant; John Wardell QC (instructed by Kennedys) appeared for the respondents.
References: PLS News 21/02/03
