Issue 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
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.
Decision type: Non-key
Decision status: Recommendations Approved
Notice of proposed decision first published: 18/11/2021
Decision due: 16 November 2021 by Director of Economy and Place (Historic)
Contact: Neil Taylor, Interim director of economy and place Email: Neil.Taylor@herefordshire.gov.uk Tel: 01432 260921.
Decisions