A Kent homeowner has failed in a High Court challenge to a refusal by Ashford Borough Council to compensate him for their failure to register his house as a listed building of architectural or historic interest.
Philip Pound purchased Great Bulleigns Farmhouse, in Smallhythe, Tenterden, in 1984. Although the property had been listed in 1972, that fact had not been entered onto the register of local land charges or included on a map maintained by the local authority. An official search of the register by Pound’s solicitor, prior to the purchase, did not reveal its listed building status.
Pound sought compensation of £100,000 from the council under section 10 of the Land Charges Act 1975. This was based upon an alleged reduction in the value of his house following a 1990 grant of planning permission to a neighbour for the conversion of a barn into a dwelling and, in 1995, for the extension of a building adjoining the barn.
The claimant contended that if the planning authority had known that his house was listed, and had had regard to the desirability of preserving the setting of his house, they would not, or might not, have granted planning permission. He also claimed that, had he known of the listing, he would have brought the matter to the attention of the council in support of his opposition to the planning consent.
Dismissing the claim, Laddie J stated that the legislation did not create “a blanket right to compensation”. He held that only a purchaser could seek compensation, and that such a right occurred only to compensate the loss caused by the enforcement of an unregistered charge.
The judge ruled that, in the circumstances, Pound was not entitled to compensation because “in 1984, he unknowingly got a better deal than he had bargained for. He obtained a property with potential benefits for which he did not pay. On the other hand, his vendor did worse than he could have done. Had he known about the listing, he could have charged more. It is possible to identify the potential loss at the date of sale. It was a loss to the vendor.”
Pound v Ashford Borough Council Chancery Division (Laddie J) 16 May 2003.
Christopher Stoner (instructed by Champion Miller & Honey, of Tenterden) appeared for the claimant Adrian Cooper (instructed by Weightman Vizards) appeared for the defendants.
References: PLS News 16/5/03
