[2024] UKUT 00316 (LC)

For the property in this case the valuation date is 6 November 2017 and the assessment of injurious affection requires as a first step an assessment of its value at that date disregarding the road improvement scheme, i.e. in a “no-scheme world”. The property currently extends to 2.6 acres but, in 2019, Mrs Jones transferred to her son two small parcels of land at the western end of the property so, at the valuation date, it extended to a larger parcel of around three acres. This difference in area has not been said to have any effect on its value.

For the claimant, Mr Cooper submitted that the no-scheme world value of the property was £700,000, whilst it is the opinion of the respondent’s expert, Ms Bryan, that the no-scheme world value was £406,000.

The second step in the assessment is to determine the value of the retained land at the valuation date, after loss of the part taken and having regard to all the matters which would have been known or anticipated at that date by a reasonably prudent and properly advised purchaser. Mr Cooper submitted that the loss of value due to injurious affection was 4% or £28,000, i.e. that the value of the retained property was reduced to £672,000. In Ms Bryan’s opinion there is insufficient evidence to justify any claim for injurious affection.