Decision details

Decision to extend the standstill agreement with Edgar Street Filling Station Limited, Lincoln Properties and Arrow Wholesale (Midlands) Limited to 28 February 2022 to further extend the limitation period for making such reference to the Upper Tribun

Decision Maker: Director of Economy and Place

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

A Compulsory Purchase Order (CPO) and Side Roads Order (SRO) were made on the 23 August 2013, to enable the delivery of the Link Road and following a public inquiry on 23 September 2014 both the CPO and SRO were confirmed by the Secretary of State for Communities and the Local Government and the Secretary of State for Transport respectively.

This is statutory compensation due under s52 Land Compensation Act 1973.

The claimant had already appointed legal representation in preparation to take this matter to the Upper Tribunal if a settlement cannot be reached. The deadline for referrals is the 15 June 2021 (6 years after vesting) in order to protect their claim.

On 24th May 2021 the Director for Economy & Place took a decision to extend the amount of time regarding the payment of compensation and referral to the Upper Tribunal (Lands Chamber) in respect of the Hereford City centre transport package from 15 June 2021 to 13 December 2021 to give the council’s appointed agents time to try and settle this matter before the claim can be referred to the Upper Tribunal (Lands Chamber). The Council is represented by Lambert Smith Hampton together with Barber Wadlow as a specialist agent in the claimant’s property. The claimant’s agent and Barber Wadlow have differing views on the Land Value.

Following this further specialist legal, planning and forensic accountant support has been commissioned to consider details of the claim and to support assessment and valuation. These commissions ae detailed in the following Record of Officer Decisions:

Record of officer decision (herefordshire.gov.uk)

Record of officer decision (herefordshire.gov.uk)

Given the complex nature of the claim and the input required from agents and advisors it is necessary that a further extension of the standstill period is agreed which will give sufficient time to confirm points of agreement and to ensure that any reference to the Upper Tribunal (Lands Chamber), should it become necessary, is well informed, correctly framed and focused on any remaining points of dispute.

This in turn will help to minimise costs and the use of the Upper Tribunal (Lands Chamber)’s time, in accordance with the protocol.

It is proposed to extend the standstill period to the 28 February 2022.


Contact: Neil Taylor, Interim director of economy and place Email: Neil.Taylor@herefordshire.gov.uk Tel: 01432 260921.

Publication date: 18/11/2021

Date of decision: 16/11/2021

Accompanying Documents: