Burn v North Yorkshire CC
Burn v North Yorkshire CC
- 1992
- Property and Compensation Reports (1992) 63 PCR 81-87(7) .
LT 5 September 1991. Two district councils published plans which, although not identical, showed the line of a proposed relief road passing through B`s garden. His property comprised a shop with outbuildings and a garden. B made attempts to sell his property. One offer was withdrawn because of the road. B therefore served a blight notice on the county council (N) requiring it to buy the property. N served a counternotice in July 1990 on the grounds that they only required part of the property. N pointed out that if the material date for establishing N`s objection was the date of the counternotice they would be faced with buying part or all of B`s land. None was now required as the road had been abandoned after re-appraisal by consultants, the results of which were awaited when the notice was served. The recommendation of the consultant was accepted in December 1990 and this should be the material date. It was held that LT`s jurisdiction was limited to deciding whether or not the obje
BLIGHT NOTICES
Compulsory purchase
COUNTER NOTICE
LT DECISIONS
MATERIAL DATE
RELIEF ROAD
TOWN AND COUNTRY PLANNING ACT 1971 S194(1)
LT 5 September 1991. Two district councils published plans which, although not identical, showed the line of a proposed relief road passing through B`s garden. His property comprised a shop with outbuildings and a garden. B made attempts to sell his property. One offer was withdrawn because of the road. B therefore served a blight notice on the county council (N) requiring it to buy the property. N served a counternotice in July 1990 on the grounds that they only required part of the property. N pointed out that if the material date for establishing N`s objection was the date of the counternotice they would be faced with buying part or all of B`s land. None was now required as the road had been abandoned after re-appraisal by consultants, the results of which were awaited when the notice was served. The recommendation of the consultant was accepted in December 1990 and this should be the material date. It was held that LT`s jurisdiction was limited to deciding whether or not the obje
BLIGHT NOTICES
Compulsory purchase
COUNTER NOTICE
LT DECISIONS
MATERIAL DATE
RELIEF ROAD
TOWN AND COUNTRY PLANNING ACT 1971 S194(1)