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High Court refuses application for order directing a property arbitrator to state a question of law concerning his own jurisdiction to consider a change in the precise amount of land being acquired from a landowner pursuant to a compulsory purchase order, on the grounds that: (a) there was no real and substantial point of law established; and (b) the jurisdiction of a property arbitrator does not extend either to the assessment of the value of any modified, varied or reduced area of land that is not in the notice to treat before that arbitrator or to the determination of disputed questions as to whether the reduction was made with the agreement of or at the request of or with the acquiescence of the landowner.
Application for order directing property arbitrator to state a question of law to the High Court - compulsory purchase order made by plaintiff in 2009 due to a planned new road - confirmed by An Bord Pleanála in 2011 - part of first defendant's land subject to the order - first defendant's claim for compensation - application to Land Values Reference Committee to nominate a property arbitrator - second defendant appointed as property arbitrator - request by plaintiff at start of hearing to assess claim on basis of reduced area of the first defendant's land that would be acquired - claim by plaintiff that it had redesigned the road so as to avoid the entrance to the first defendant's property at her request - second defendant found that he did not have jurisdiction to consider the claim on this basis and refused to state a case on this point - whether second defendant should be directed to state a case - whether there was a real and substantial point of law.
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