Farm Land at Lyndhurst, Hampshire: BIR/00CN/ERO/2026/0011 BIR/00CN/ERO/2026/0011
DECISION
66 In determining the issues in dispute between the parties, the Tribunal took full account of the written and oral representations of the parties so far as relevant to the issues in dispute. 67 For the reasons advanced by the Claimant the Tribunal determines that the first Respondent has failed to advance any argument and/or evidence to undermine Ms Davies’ submission that the Claimant has established that that two-fold test in paragraph 21 is satisfied. 68 For the reasons advanced by the Claimant the Tribunal determines that the first Respondent has failed to demonstrate an intention to redevelop the proposed site such as to preclude the Tribunal from imposing the proposed agreement (as amended) on the parties. 69 For the reasons advanced by the Claimant the Tribunal determines that the terms of the proposed agreement for paragraph 20 rights satisfy the requirements of paragraph 23 of the Code and are appropriate. 70 The Tribunal determines that the proposed agreement for paragraph 20 rights should be imposed on the parties. Costs 71 The Claimant claims that the first Respondent should pay the Claimant’s costs incurred in connection with the hearings on 11 June 2026 and 2 July 2026. The claim is for £20,973.75. 72 The Claimant has been wholly successful in the proceedings. 73 The Tribunal finds that the conduct of the first Respondent throughout the proceedings has been unreasonable. The first Respondent –(i) failed to engage constructively with the Claimant;(ii) failed to instruct solicitors despite repeated offers from the Claimant to pay for legal advice;(iii) failed to instruct solicitors despite requesting an adjournment of the hearing specifically to do so;(iv) failed to comply with the Tribunal’s Directions;(v) disrupted hearings;(vi) persisted in pursuing arguments and issues that were clearly irrelevant and/or had no legal or factual foundation. 74 For the above reasons the Tribunal orders that the first Respondent pay the Claimant’s hearings costs, which are summarily assessed at £15,000.00. Order 75 In order to give effect to this Decision, the Tribunal has issued a formal Order. Appeal 76 If a party wishes to appeal this Decision, that appeal is to the Upper Tribunal (Lands Chamber). However, a party wishing to appeal must first make written application for permission to the First-tier Tribunal at the Regional office which has been dealing with the case. 77 The application for permission to appeal must be received by the Regional office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. 78 If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason(s) for not complying with the 28-day time limit. The Tribunal will then consider the reason(s) and decide whether to allow the application for permission to appeal to proceed despite not being within the time limit. 79 The application for permission to appeal must state the grounds of appeal and must state the result the party making the application is seeking. 27 July 2026 Professor Nigel Gravells Deputy Regional Judge