ABSTRACT
The value of land taken is assessed by applying rule (2) (see Chapter 12); comparable property sales will be important in determining the market value. Two matters deserve special consideration in relation to agricultural land. First, the possibility of lotting a holding; a farm put on the market in two or more lots may fetch more than if sold as one lot. Second, the question of development value; the statutory planning permission assumptions and any existing planning permissions must be carefully considered, and whichever gives the highest value can be selected; though if the scheme of the acquiring authority enhances the value of the land for development, this may have to be disregarded by the Pointe Gourde principle or its statutory equivalent: see Myers v Milton Keynes Development Corpn [1974]. Where there exists development value, then, following Horn v Sunderland Corpn [1941], a disturbance claim is regarded as inconsistent with a valuation on the basis of land sold for development purposes. A claimant is entitled to agricultural value plus disturbance, or development value; as he may take the higher total sum, the former may be to his advantage: for full treatment of this see Chapter 17. The effect of a milk quota must also be considered: whether it should, or can be, retained or apportioned. But it will be a question of fact whether the loss of a milk quota was caused by the compulsory purchase: see Hoddom & Kinmount Estates v Secretary of State for Scotland [1992].
