Martyn John Garner & Anor. v Metropolitan Borough Council of Stockport
Decision date: 1 February 2022
Neutral citation: [2022] UKUT 28 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This case concerned compensation after Stockport Council's compulsory acquisition of parts of the Garners' land for the A6‑MARR, focussing on valuation (including any "hope value"), severance/injurious affection and disturbance. The Tribunal held that, in a no‑scheme world, the grazing land made a strong contribution to Green Belt purposes so short‑term development prospects were remote but there remained a slender prospect justifying a modest uplift for hope value; detailed values were assessed for the land taken, retained land, car park, mast and disturbance. Total compensation awarded was £584,971. Costs of the reference were reserved and a right of appeal was preserved.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
In a compulsory purchase valuation the Green Belt contribution must be assessed in the no‑scheme world and quantified when considering any hope value; hope value may be included where there is a realistic (even if slender) prospect of future release from planning constraints, measured by placing oneself in the prospective purchaser’s position using available market evidence. When using comparators, experts must evaluate their relative performance against Green Belt purposes and the site‑selection hierarchy to inform market comparisons.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judgment indicates (obiter) that scheme‑world assessments such as GMSF site selection have limited utility for no‑scheme valuation assumptions; absence of developer approaches before acquisition may reflect anticipation of an imminent scheme and does not necessarily negate hope value; and experts should compare parcels within a hierarchy of Green Belt sites rather than by absolute contribution alone.