Johnson and Johnson v North Yorkshire CC
Johnson and Johnson v North Yorkshire CC
- 1992
- Rating & Valuation Reporter (1992) 32 RVR 184-188(5) .
LT 31 July 1992. The claimants J owned the freehold interest in land. The council compulsorily purchased 3 acres of the land which lay in the corner of a 40 acre field to establish a site for gypsy caravan site in accordance with planning permission granted in April 1987. Notice to treat was served on 18 August 1989. On 16 October J served a counter notice under Land Compensation Act 1973 s53 requiring the council to purchase their interest in the whole farm on the grounds that what remained was not reasonably capable of being farmed. The council challenged this. Entry was made to the land on 26 March 1990 and by the date of the hearing the order land had become a caravan site. J claimed that they could not grow crops or keep stock on the land due to the risk of vandalism and theft and the alternative cost of taking preventive action against such a risk would be prohibitive and make farming unviable. J tried to sell the farm but people were put off by the presence of gypsies. The cou
CARAVAN SITES
COMPOLSORY PURCHASE
COMPULSORY PURCHASE ACT 1965 S7
GYPSY SITES
INJURIOUS AFFECTION
LAND COMPENSATION ACT 1973 S53
LT 31 July 1992. The claimants J owned the freehold interest in land. The council compulsorily purchased 3 acres of the land which lay in the corner of a 40 acre field to establish a site for gypsy caravan site in accordance with planning permission granted in April 1987. Notice to treat was served on 18 August 1989. On 16 October J served a counter notice under Land Compensation Act 1973 s53 requiring the council to purchase their interest in the whole farm on the grounds that what remained was not reasonably capable of being farmed. The council challenged this. Entry was made to the land on 26 March 1990 and by the date of the hearing the order land had become a caravan site. J claimed that they could not grow crops or keep stock on the land due to the risk of vandalism and theft and the alternative cost of taking preventive action against such a risk would be prohibitive and make farming unviable. J tried to sell the farm but people were put off by the presence of gypsies. The cou
CARAVAN SITES
COMPOLSORY PURCHASE
COMPULSORY PURCHASE ACT 1965 S7
GYPSY SITES
INJURIOUS AFFECTION
LAND COMPENSATION ACT 1973 S53