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Sinclair v SoS Transport

Language: English Series: Estates Gazette ; [1997] 34 EG 92-95(4)Publication details: 1997Subject(s): Summary: LT 20 June 1997. The claimants served a blight notice on SoS Transport , as the acquiring authority, stating that part of their land was blighted land within Town and Country Planning Act 1990 Schedule 13 by reason of a notified road scheme. The SoS Transport served a counternotice objecting to the blight notice on the grounds of Town and Country Planning Act s151(4)(a). The parties agreed that at the dates of the blight notice and the counternotice the land was blighted land. After the counternotice the road scheme was withdrawn and the land ceased to be blighted. The SoS Transport contended that an objection in a counternotice should be upheld even when the land ceased to be blighted land. The Court found that the blight notice was valid and the objection in the counternotice was not well-founded.
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Law report London Journal article ABS57517 (Browse shelf(Opens below)) 1 Available 80463-1001

LT 20 June 1997. The claimants served a blight notice on SoS Transport , as the acquiring authority, stating that part of their land was blighted land within Town and Country Planning Act 1990 Schedule 13 by reason of a notified road scheme. The SoS Transport served a counternotice objecting to the blight notice on the grounds of Town and Country Planning Act s151(4)(a). The parties agreed that at the dates of the blight notice and the counternotice the land was blighted land. After the counternotice the road scheme was withdrawn and the land ceased to be blighted. The SoS Transport contended that an objection in a counternotice should be upheld even when the land ceased to be blighted land. The Court found that the blight notice was valid and the objection in the counternotice was not well-founded.