[2023] UKUT 217 (LC)

UTLC No: LC-2021-492

Manchester Civil Justice Centre

19 September 2023

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

IN THE MATTER OF A NOTICE OF REFERENCE

COMPENSATION – COMPULSORY PURCHASE – access to development site rerouted to facilitate highway improvement scheme – acquiring authority leaving claimant to negotiate terms of replacement access with adjoining owner – negotiations unsuccessful by date of hearing – injurious affection of retained land – other heads of compensation unrelated to value of land taken

BETWEEN

CASTLEFIELD PROPERTY LIMITED

Claimant

-and-

NATIONAL HIGHWAYS LTD

Acquiring Authority

Re: The Cheshire Lounge Public House,

Chester Road, Millington,

Cheshire

Martin Rodger KC, Deputy Chamber President and Mr Mark Higgin FRICS FIRRV

16-19, 23 May 2023

James Pereira KC, instructed by TLT LLP, for the claimant

Alexander Booth KC, instructed by Gowling WLG, for the acquiring authority

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

Dawson v Great Northern and City Railway Company [1905] 1 KB 260

Garner v Stockport MBC [2022] UKUT 28 (LC)

Waterworth v Bolton MBC (1979) 37 P&CR 104