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Welford & Ors v EDF Energy Networks (LPN).

Pays/Territoire
Royaume-Uni
Type de cour
Autres
Date
Mar 10, 2006
Source
UNEP, InforMEA
Nom du tribunal
Lands Tribunal
Juge
Rose Frics.
Numéro de référence
2006] EWLands LCA_30_2004
Langue
Anglais
Sujet
Terre et sols
Mot clé
Planification territoriale
Résumé
In 1994 the first two claimants purchased a site in order to relocate their waste-transfer station and skip hire business. In 1995 they transferred all the assets of the business into IOD Skip Hire Ltd (newly incorporated for this purpose) while retaining the freehold of the site. Money was then invested in the site. After obtaining planning permission, the claimants became aware of electricity cables owned by London Electricity (later to become EDF Energy) which ran under the site. This made it impossible to build the waste transfer station. The claimant served notice for the cables to be removed. London Electricity was then granted a statutory wayleave under the Electricity Act 1989, Schedule 4 in order that the cables could remain. Consequently the respondents built the transfer station on a different site. The claimants claimed, and obtained, compensation in respect of the statutory wayleaves, diminution in value to adjoining land and losses of profit incurred after the date of the removal notice. Compensation for diminution in value to land was calculated by reference to the diminution in the value of the claimants’ freehold interest, caused by the presence of the cables on the site. The claim for loss of profit was assessed on the basis that the claimants would have been able to start the waste transfer business in January 1996 had the cables not been present. The claim for loss of profit was considered by the Lands Tribunal not too remote because the business was in existence prior to the valuation date.
Texte intégral
COU-156437.pdf