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Land compensation manual - Section 17 - Appendix 17/1: Specimen letter -

requesting permission to use PD information Specimen Letter


requesting permission to use PD information

Appendix 17/1: Specimen letter - requesting permission to use PD


information Specimen Letter - requesting permission to use PD
information

RECORDED DELIVERY

Dear Sir/Madam,

(Heading as appropriate)

I have been asked to appear as a witness in proceedings before the Lands Tribunal in
respect of certain premises/land in ....................................... (state town or general
location of the reference property) and at the Hearing, in order to assist the Tribunal, I
propose to produce evidence of the price paid for comparable property at or about the
relevant date and may wish to refer to the price you paid for ......................... as indicated
on the attached copy of Form Stamps LA.451.

The evidence to be given to the Tribunal would be based on this form which is a
document submitted by your solicitor to the Inland Revenue at the time of your purchase
as required by Section 28 of the Finance Act 1931

Because of the confidential nature of the form it is necessary for me to advise you of my
proposal to use that document in evidence at the Hearing and in any prior proceedings
including disclosure to the parties involved. It is also possible that in publishing their
decision on the case the Lands Tribunal will make reference to the evidence of
comparable prices submitted to them. It is most unusual, however, for owners of property
to be referred to by name and, moreover, the publication of the Tribunal's decisions are
mainly confined to the pages of professional journals and full detailed reports do not
normally find their way into the newspapers.

It will assist my preparation of the case to have your agreement to the production of this
evidence and I enclose a slip for you to complete and return to me please, using the
addressed label provided. If you require any further information or advice I will be pleased
to assist you.

Yours faithfully

: see Appendix 17/2


Land compensation manual - Section 17 - Practice Note 17/1 : The experts
report and other exhibits

Practice Note 17/1 : The experts report and other exhibits

A copy of "Nothing but the Truth" by John Watson CBE PPRICS is held at each RSV's
office and DVs might find it interesting to read this book before beginning the preparation
of documents and other exhibits.

The number of the reference which constitutes the title to the proceedings (Rule17) must
be stated on all exhibits. The office file reference should not be quoted.

Every exhibit, including plans, maps, photographs or other documents, should be


identified by a reference, eg. DV/1, DV/2, etc. Elaborate references, eg. incorporating the
valuer's initials or unnecessary sub-divisions should be avoided.

Where the exhibit is large and has to be folded the reference should be placed in a
position (if necessary by repeating it on the back) so that it can be clearly seen whether
the exhibit is folded or opened.

If the exhibits are to be handed in at the commencement of the DV's evidence, they
should not be stapled or pinned together but preferably they should be bound in one
volume.

Typed documents such as valuations and schedules of comparable properties should not
be prepared in a cramped format, double lined spacing is preferred. Spacious columns
and layout avoid confusion at the hearing and enable the evidence of the DV to be
followed more readily by counsel and the LT. The DV should show measurements in
metric terms. However should the claimant or the claimant's expert witness quote
evidence in terms of measurement different from the DV it may be necessary to quote
measurements in both metric and imperial terms.

If the DV has doubts whether or not any document would be admissible as evidence the
DV should consult and follow the advice of the legal adviser to the acquiring authority.

The number of copies required will depend upon the circumstances, see para 17.53. All
copies must be legible. Provided that the witness, who will be giving the evidence to
which the documents and exhibits relate, is clearly identifiable, eg. by references DV/1
etc. and the headings to the documents, it is not normally necessary for the witness to
sign any of the documents other than the valuation.

The valuation should be prepared and signed by the official witness. If the heads of claim
are admissible in law advantage often lies in valuations being presented in the same
order as the claim so that the LT may clearly see the answer to each head of claim.

Where the estimate is based on the residual method of valuation arrangements should be
made for the surveyor to the authority to give evidence as to the cost of development and
if appropriate the rate of development in the neighbourhood. The DV should ask to see
the surveyor's proof of evidence before the proceedings. (For LT's views on use of the
residual valuation approach see Clinker and Ash Ltd v Southern Gas Board, eg.
203/735/67).

Generally, then the report should be typed on A4 paper, paged and paragraph numbered
and double line spaced, bound if possible. Exhibits should be bound separately from the
report.

Schedules of comparable properties

Adequate particulars must be provided to enable the LT and the other party to identify the
property. Each property in the schedule should have a reference number which enables it
to be readily identified on a location map. It might be desirable to distinguish market
transactions from settlements by a simple colour code.

Plans showing internal layout of buildings should be provided and cross-referenced to the
schedule.

In appropriate cases it is useful to show the property the subject of the reference as the
first item of the schedule with the valuation analysed in the same way as the other
transactions to enable comparison to be readily made.

Maps and plans

Each plan, map or line drawing, whether prepared by the DV or the authority should be
checked by the witness on the land. The plan, map or drawing should be to an
appropriate scale which should be clearly stated. The north point, properly located,
should also be shown.

The size of the map or plan should be appropriate for its purposes; overlarge plans
should be avoided where practicable.

Photographs

A short description and the date and time it was taken should be written on the back of
every photograph. Similar details should be shown on the face of the photograph by
means of a gummed label if this can be done without obscuring any relevant part of the
photograph. The viewpoint of the photograph should be indicated on a map by reference
to its number and its direction shown by an arrow.

Photographs are not normally required by the LT to be formally proved, nevertheless the
photographer should be made aware that, exceptionally, the photographer may be
required to attend the hearing to prove the photographs.

Substance of expert evidence

The Lands Tribunal Direction No. 1 of 1988 states that where Rule 42(4) of the Lands
Tribunals Rules 1975 apply in addition to the normal documents stated above expert
witnesses will be required to provide a written report of the substance of the expert
evidence which is to be adduced.

It is anticipated that a report on the substance of the expert evidence will be required by
the Lands Tribunal in all but a few cases. Therefore DVs should as a normal practice
prepare reports on the substance of their evidence at the same time as they are
preparing the other Rule 42 documents.

The DV's report on the substance of the expert evidence should be concise and should
support the DV's valuation and the DV's opinion regarding the facts or issues to be
determined by the Lands Tribunal.

The LT will as a general practice require experts to prepare a joint statement of their
evidence setting out

1. the facts agreed between the parties

2. the facts in dispute

3. the issues facts or valuations to be determined by the Lands Tribunal.

The purposes of the joint statement is to reduce the length of the hearing. The joint
statement under para 3 of Order 38 is not linked to the time scale laid down in s.42(4)
Lands Tribunal rules, and will in practice be prepared closer to the date of the hearing.

Valuation

The valuation exhibit should state the statutory basis of compensation and the relevant
date. It should show details of the interest to be valued, any apportionment of rent, and all
heads of claim. Any agreement between the parties as to works of reinstatement to be
undertaken by the authority should be handed to the LT and the valuation exhibit should
include a statement that the estimate of compensation is based on the undertaking.

Failing agreement the estimate of compensation should include the cost of such
reinstatement works as are necessary, and the surveyor to the authority should be
available if necessary to give evidence theron.

Copyright

When copying documents, plans or OS maps where the Copyright Act 1956 restricts the
reproduction of such work the DVs attention is drawn to para 5.7 of Local Office Manual
(LOM) - Stationery and Reprographics.

With regard to photographs para 1.7 Section 3 LOM - Machinery Equipment and
Protective Clothing refers.

Land compensation manual - Section 17 - Practice Note 17/2 : Proof of


evidence and notes for counsel
Practice Note 17/2 : Proof of evidence and notes for counsel

The object of a proof of evidence is to provide to the legal adviser to the authority in
advance of the hearing a statement of what the witness intends to say. It should contain
the whole of the substance of the intended evidence in a logical sequence. The draft
proof should not be prepared until consideration has been given to the schedule of
comparable properties and other exhibits (see 5/P/17/1).

The proof should normally be typed in double spacing on size A4 paper, and a wide
margin should be left for the legal adviser to make notes. The paragraphs should be
numbered and suitable margin heading should be given to facilitate reference. The
reference number of any exhibit mentioned in the text should be noted in the margin.
Where the text of an exhibit is quoted in the proof if should be suitably indicated, eg. by
indentation or side lining showing where the quotation starts and finishes.

The proof should be headed by the LT's reference number, details of the parties and
address or short description of the property the subject of the reference.

The following is an outline of the material to be incorporated, (but not necessarily in that
order) so far as appropriate to the particular case.

1.The qualification of the witness. Here not only the witness's professional
qualifications and position should be stated, but details of the witness's practical
experience in matters which are relevant to the dispute.

2.The purpose of acquisition, eg. slum clearance, road improvement, etc. or type
of compensation (eg. revocation of planning permission).

3.The statutory powers under which the authority is proceeding.

4.The date of the notice to treat or deemed notice to treat, whether entry has
been effected and, if so, the date thereof, and the DV's conclusion as to the date
of valuation.

5.Details of the claimant's interest, eg.

Freehold - With vacant possession or subject to tenancies fully described

Leasehold - With full particulars of term, rent, covenants and restrictions and
whether with vacant possession or subject to tenancies fully described.

If the lands taken are subject to a lease including other lands not taken, any
question of apportionment of rent which is not agreed should be referred to the
LT and the witness should give an opinion of rent apportionment and detailed
calculations.

6.Statement regarding inspections, with dates.

7.Full statement of the situation, description, construction, accommodation,


condition and area of the property. Plans, maps, photographs, line drawings, etc.
should be prepared, as necessary, and the reference numbers typed in margin.
8.Full details of all incidents or encumbrances to which the property is subject,
eg. easements, restrictions, covenants, conditions, fixed charges or other
burdens. Where the restrictions are statutory the provisions which apply to the
restrictions.

9.If minerals are included in the notice to treat they should be clearly defined or if
excluded, the conditions in respect of their future workings should be fully set out.

10.Availability of public services.

11.The means of access to the land, the nature and condition of the roads,
whether or not repairable by the public at large and, if so, whether any road
charges outstanding and the extent of future liability in respect thereto.

12.Planning provisions affecting the property - copies of relevant documents. If


planning matters are in dispute and evidence thereon is to be given by another
expert witness, the valuer should state the conclusions and assumptions that
have been made in the light of that evidence.

13.Description of physical characteristics affecting normal development.

14.Evidence in support or rebuttal of claim for potential building value. Indications


(by description or plan) should be given of local conditions and development
which have a bearing on the prospects of demand generally.

15.Reference to and analysis of comparables with all relevant comments.

16.Detailed comments and criticism of claim, including the relevance or


otherwise of comparables submitted by claimant.

17.Agreed details of accommodation works, etc.

18.Valuation - statement as to statutory basis of compensation, valuation date,


method of valuation, heads of claim, etc. The proof should be concluded with the
valuation as already exchanged under Rule 42 and a statement by the witness of
the damage which the claimant(s) suffer(s) by the expropriation of his interest,
eg:

"I am of opinion that the compensation properly payable is £ ....."

Notes for Counsel

The purpose of "Notes for Counsel" is to enable counsel (or solicitor) to have a complete
understanding of the evidence proposed to be given by the DV and to assist in the
preparation by counsel of the reply to the case expected to be made by the claimant.

The notes should include all relevant background information including negotiations in the
case, which is not readily apparent from the proof of evidence and other exhibits. Matters
which the DV believes but cannot prove in evidence should be included.

Where necessary the Notes should highlight those matters which are favorable to the
case for the authority, but it is important that nothing which may be prejudicial should be
omitted. The case law touching upon the dispute should be mentioned and if the DV is
aware or expects that the case for the claimant will make reference to a particular
decision, this should be stated.

An indication should be given of the DV's replies to questions which it is expected will be
asked by the other side in cross-examination. The DV should also indicate the points
which may need to be covered by counsel in cross-examination of the witness for the
claimant, eg. the matter where the DV expects that the evidence for the claimant will
conflict with that which the DV intends to give.

If the notes are to be supplied prior to conference with counsel a list of the points which
the DV wishes to discuss with counsel at a conference should be included.