Acquisition of private road — Value of road — Injurious affection — Accommodation works — Award of £10,628
The claimants are the executors of the estate of Mr C R Stedman, deceased. In 1964 Mr and Mrs Stedman purchased a private road called Greenacres and an adjoining area of land; Mr Stedman obtained planning permission to build nine houses on the land of which four were constructed. In April 1983 the acquiring authority, acting under powers of compulsory purchase, served a notice of entry in respect of Greenacres and in respect of Grange Barn which belongs to another owner and is a listed building, being one of the oldest timber-framed buildings in Europe. The access to the barn was along Greenacres. The barn has since been restored and is available for concerts, exhibitions, wedding receptions, dances and craft fairs.
The claimants sought compensation for the value of the private road and for injurious affection to their retained land. It was not disputed that nuisance and trespass did result from visitors to the barn. As a consequence the claimants constructed a brick wall at a cost of £22,844.25.
Held The compensation awarded was £500 for the value of the private road and £5,000 for injurious affection. In addition £5,128 was allowed for accommodation works.
1. Valuers for both parties agreed that the private road had a nominal value only. However, any purchaser would consider that control over the road had a value and this was more than the sum of £100 contended for by the acquiring authority; the claimants’ value of £500 was to be preferred.
2. Although neither party had put in values for the retained land, a figure of £5,000 for injurious affection and reflecting the value of accommodation works was appropriate.
3. There is no specific right to recover the cost of accommodation works and it was unfortunate that the claimants carried out works without discussing them with the acquiring authority. Nuisance did occur but the expenditure of £22,844 on the wall was not the only solution. However, it was reasonable to fence one of the gardens at a cost of £1,864 and a reasonable sum to provide a boundary fence and gates to the remainder of the property was £3,264.
Knight v East Sussex County Council
[1969] RVR 327 referred to.
Felix Bourne (solicitor of Birkett Westhorp & Long, of Colchester) appeared for the claimants and called C A Pedley FRICS; and D W G Whipps (solicitor of Holmes & Hill, of Halstead) appeared for the Braintree District Council and called R L Barrett MRTPI, DMS, MBIM, Director of Planning and Mr M A Wojcik FRICS, District Valuer and Valuation Officer, Colchester.