[2023] UKUT 214 (LC)

This is a reference to determine a claim for compensation under Part I of the Land Compensation Act 1973 (“the Act”) made by Mr David Fisk (“the claimant”), who is joint owner with Mrs Ann Fisk of 39 Grimwade Close, Brantham, Suffolk CO11 1QY (“the property”).

The claim is unusual in that it arises from a single claimant in relation to a 40m spur of new road which was constructed to give access to a new development of over 280 houses on the edge of Brantham, known as Stour View. The spur forms the southern end of Pioneer Way, which is the future spine road through Stour View. Until all phases of the development are completed, which is estimated to be in 2027, the southern access to Pioneer Way will only be used for access by construction traffic, whilst residential traffic will enter at the northern end. Meanwhile, documents show that the spur has already been dedicated as a highway and is technically open to public traffic.

The claimant wrote to the respondent on 6 September 2021 claiming compensation of £35,000, assessed as at 1 September 2021. This was the date he had been advised by his solicitor was the first claim day as defined in the Act, founded on the understanding that the spur was a “private road” until September 2021. However, if this had been the case then the first claim day would not have been until one year and a day after that. Following unsuccessful negotiations, including disagreement over the appropriate valuation date, the claimant made a reference to this Tribunal on 30 January 2023. In its response the council admitted that the claimant was eligible to make a claim under the Act, but submitted that the first claim day was 21 January 2021, one year and a day after the date of dedication as a highway, maintainable at public expense. Both parties requested that the matter be dealt with under the written representations procedure and the council stated that it wished to instruct a valuation expert.

I held a case management hearing on 23 March 2023, attended by the claimant and the council’s solicitor, to clarify the requirements for evidence and establish an agreed timescale for filing and serving of that evidence. At the hearing it was agreed that a dispute over the valuation date was not proportionate to the nature of the claim and the council agreed that the valuation date for the purposes of this reference would be 1 September 2021, which was later than the first claim day and in the claimant’s favour as it allowed for any growth in property values during 2021. This agreement was made to enable the dispute to be determined in a proportionate manner without unnecessary delay or expense, on the basis that no other claims had been made under the Act in respect of this section of road, but with no admission that it was correct in law.

I made a site inspection on 12 July 2023, to view the property and the spur road. I also viewed the locations of comparable properties referred to in valuation evidence.