The Supreme Court has handed down its judgment in Bloor Homes (Wilmslow) Ltd v HCA.
This case is about the planning status of land, the scheme for which it is acquired under a CPO and the disregard of increases and decreases in value arising from that scheme. The Supreme Court upheld the Upper Tribunal’s decision in favour of Bloor Homes, reversing the Court of Appeal’s judgment.
Martin Kingston QC and Richard Kimblin QC appeared for Bloor Homes in the Upper Tribunal, the Court of Appeal and Supreme Court.
Determination of compensation on compulsory acquisition is founded in assumptions and assessment of the planning status of the land and the “no-scheme” rule: that is, the rule that compensation for compulsory acquisition is to be assessed disregarding any increase or decrease in value solely attributable to the underlying scheme of the acquiring authority.