CPO Talking Heads: November 2023
Cheshire Lounge Tribunal Decision
This event runs as an informal discussion with a small panel of leading and informed practitioners extracting the nuances from this months topic "Cheshire Lounge Tribunal Decision". It will discuss practical issues that arise, with participants in the meeting being encouraged to listen, join in, ask questions and share comments.
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|21 November 2023||Virtual Monthly Discussion|
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November's Discussion: Cheshire Lounge Tribunal Decision
The case arose out of the compulsory acquisition of a parcel of land which previously provided the sole access from the A566 to the Cheshire Lounge, a now derelict public house in the green belt adjoining junction 7 of the M56 on the southern outskirts of Manchester.
What began as a typical CPO compensation dispute, has, on review, been promoted to an important decision with numerous ramifications. There are multiple aspects for practitioners - providing guidance on the use of residual valuations vs comparables, the role of compensation surveyors and the assessment of injurious affection.
- How should injurious affection be assessed?
- What can be claimed under s.7 of the Compulsory Purchase Act 1965?
- What are the statutory rules that apply to claims?
- Relevant case law, including Waterworth v Bolton MBC (1979) 37 P&CR 104
- Is the “before and after” approach always the correct one?
- The “general principle” described by the Tribunal in the Cheshire Lounge decision
- To what extent are post-valuation date events relevant?
- Is it still true that Tribunal thinks that residual valuations should only be used as a last resort?
- Are comparable transactions ever of any relevance for development sites?
- The role of the specialist CPO surveyor in the Tribunal; In what circumstances is expert evidence from a specialist CPO surveyor relevant to proceedings?
- Can a specialist surveyor be truly independent?
- Is there a role for a specialist to provide evidence of fact?