[2024] UKUT 00316 (LC)

Barnfield (“the property”) is a three bedroom stone built detached house situated in a rural riverside setting to the south west of the village of Gilwern, some two miles west of Abergavenny. Mrs Jones and her family have owned the property for over 20 years. The house, together with stables and outbuildings, sits in a plot of 2.6 acres which formerly adjoined the unimproved A465 Heads of the Valleys road from Abergavenny to Merthyr Tydfil. The main access to the property, and its neighbouring property Riverside, is along a private unsurfaced track which turns off Forge Row and crosses a small stone bridge. The private track continues through the property and up an incline to join what was the old A465.

On 26 October 2014 a compulsory purchase order was made to enable a major upgrade of the five mile stretch of the A465 between Gilwern (to the east) and Brymawr (to the west) from a three lane carriageway to a dual carriageway. Notice to treat and notice of entry were served on 28 November 2014 but it was not until 6 November 2017 that possession was taken of a very small parcel of land at the property for the scheme. This is the valuation date for the compensation claim made by Mrs Jones. It is agreed that works to the southern (furthest) carriageway began in 2015 and that construction which directly impacted the property continued from November 2017 until June 2019. The new road was opened in November 2021.

The new dual carriageway is sited on a large embankment above the level of the old road, of which only the original outer carriageway remains. That carriageway has been repurposed as a gated private means of access (“PMA”) designed for use by Welsh Water and the South Wales Trunk Road Agency to gain access for maintenance. It is understood that documentation granting legal vehicular rights of access along it to the property and Riverside is still to be completed. At the eastern end of the PMA is a hammer-head turning area and at the western end is a locked exit gate, for which the owners of the two properties have held keys since June 2023. The plan below shows the key features described.

Compensation has been agreed for 8 sq m of land taken at £400, for an easement over 0.2 acres at £405, and for a licence over an area of 9 sq m at £63, together with a sum of £500 for claimant’s time. Basic loss payment is agreed at £30.00 and an occupier’s loss payment at the minimum of £300.

The outstanding matters referred to the Tribunal are a compensation claim for injurious affection, and a disturbance compensation claim for the cost of alternative livery provision during construction and the cost of control of Japanese Knotweed, said to have been introduced during construction.

The reference was made on 26 February 2024 by the claimant’s agent, Mr Kenneth Cooper FRICS of The William Ricketts Partnership in Whitchurch, Cardiff.

The respondent was represented by Berry Smith of Cardiff. Ms Lisa Bryan BSc (Hons) MRICS of the Valuation Office Agency was instructed to provide expert evidence for the respondent, which was submitted with the statement of case.

The parties agreed that the matter could be dealt with by written representations and a site inspection, in order to minimise costs. Mr Cooper submitted a response to the respondent’s expert report and I conducted a site inspection on 10 September 2024, accompanied by Mr Cooper, Ms Bryan and Ms Lasky of Berry Smith. I inspected the property and the new PMA, and saw from the roadside nine properties referred to in valuation evidence as comparable sales.

The reference was made six years and three months after the date of entry, but no point on limitation was taken by the respondent.