The Gazette 1990

GAZETTE

' APRIL 1990

4. Removal costs. 5. Carpets and curtains - new for old. 6. Post office/telephone change of address. 7. Adaptation and repair to new premises. Generally speaking this is not claimable. It is assumed that the want of repair or decoration was reflected in the purchase price and that the purchaser got value for money. The disturbance will be of a different nature where say part only of a premises is taken and will include a claim for reduction in value under severance and injurious affection apart from matters dealt with under accommodation works. He will, of course, be entitled to compensation for the interference with the enjoyment of his property during the course of the works. These general principles apply whether the property taken is agri- cultural, industrial or commercial although clearly a number of items will be different. A farmer whose land is being traversed by a major new road may have very serious problems of stock management, access to fields for cultivation, disruption of drainage and water supply etc. A dispossed manu- facturer must move his enterprise into new premises inevitably in- volving double overheads for a period, reduced output, temporary loss of profitability, removal and reinstallation of machinery, prob- lems with staff, notification of customers etc. The matter of compensation is long and complex and I have only touched the tip of the iceberg but I hope I have given you something to think about. •

(Contd. from page 941 be put so far as money can do it in the same position as if his land had not been taken from him, in other words he gains the right to receive a money payment not less than the loss imposed on him in the public interest but on the other hand no greater". Romer L. J. in Harvey -v- Crawley " Development Corporation (1957): "The authorities establish that any loss sustained by a dispossessed owner (at all events one who occupies his house) which flows from a compulsory acquisition may properly be regarded as the subject of compensation for disturbance provided, first, it is not too remote and, secondly, that it is the natural and reasonable consequence of the dispossession of the owner". So in preparing a claim there is 2 . Inspect Property. 3 . Check Planning. 4 . Draft Report. 5. Reinspect and complete report/ compensation claim. All that sounds rather simple but there is a lot of work involved. The actual valuation should not be that difficult. It is the other matters that must be considered as to what may and may not be taken into account. There are sixteen rules in the 1919 and 1963 Acts as well as the third schedule of the 1966 Housing Act to be considered. These rules are straightforward but still need to be considered; most have been the subject of case law down through the years. I would, however, draw your attention to Rule 12 which has come up in several recent cases with which I have had to deal. This is the matter of unauthorised use; this really should emerge when the planning is being checked. If the owner of property has been using all or part of his property without proper planning permission it could be considerably to his detriment if the local authority ever sought to use their compulsory purchase powers. On the question of disturbance the following are the sort of items to be considered in the case of a private house. 1. The costs of dealing with the Notice to Treat. 2. Costs of acquiring an alternative premises. 3. Time and trouble of seeking an alternative. 96 a lot for the valuer to do. 1. Receive instructions.

James Nash F.S.S. DÍ P .

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