The Upper Tribunal Lands Chamber (Judge Elizabeth Cooke and Mr Peter McCrea FRICS) has issued its preliminary issue decision on the permissibility of four heads of claim, totalling some £2.6 million, in the case of 599 Developments Ltd v NNB Generation Co (HPC) Ltd [2019] UKUT 235 (LC). 

The Claimant was the owner of the long leasehold interest in land formerly used as a lorry park at Williton in Somerset, part of which was compulsorily acquired by NNB Generation Co under the Hinkley Point C (Nuclear Generating Station) Order 2013.  The land was required for a park and ride facility in connection with the construction of the new nuclear power station. 

The preliminary issues hearing dealt with the acquiring authority’s case that the four heads of claim were impermissible as they were unfounded in law and contrary to well-established legal principles.

Three heads of claim were advanced under Rule 2, or alternatively Rule 6, of s5 of the Land Compensation Act 1961.  One of these heads of claim, for some £180,000, was abandoned by the Claimant at the hearing. 

The Tribunal concluded that the other two heads of claim had no factual basis, were not permissible under Rule 2 as they offended the no-scheme principle, and were not permissible under Rule 6 for three reasons: there was in truth no loss, the claims flew in the face of the basis of Rule 6 compensation, and the claims were based on the value of land. 

The fourth head of claim was advanced under s7 of the Compulsory Purchase Act 1965.  The Tribunal concluded that the Claimant’s claim under s7 had been advanced on an incorrect basis and could not therefore succeed. 

The Tribunal’s decision is available here.

Richard Honey appeared for the successful acquiring authority, instructed by Michelle Moss and Chris Robinson of Eversheds Sutherland.