The house of lords has ruled that compensation under section 10 the Compulsory Purchase Act 1965 in respect of auth...
The house of lords has ruled that compensation under section 10 the Compulsory Purchase Act 1965 in respect of authorised construction work having 'injuriously affected' neighbouring land by reducing its letting value did not extend to damage caused by noise, dust and vibration.
Where, however, damage had been caused which was capable of falling within the section, as when the work had interfered with access to the neighbouring land, it was no bar to recovery that such damage was only temporary. A claimant who could prove a reduction in the letting value, for whatever period, was entitled to compensation.
The Times (Law, p18) reports that the lords so held in dismissing, save as to the temporary damage point, an appeal by the claimants, Wildtree Hotels Ltd and its directors, from the decision of the court of appeal as to the correctness of preliminary points of law determined by the Lands Tribunal on a claim against Harrow LBC for compensation for the diminution in the value of the Harrow Hotel caused by a major road improvement scheme carried out by the council between 1989 and 1994.