Halliday v SoS Transport
Halliday v SoS Transport
- 2003
- Rating and Valuation Reporter [2003] RVR 12-15(4) .
LT 24 January 2003. Claimant (H) served notice that a house she owned, six miles from Stansted Airport and 1.5 miles from the airport boundary, was blighted land within the Town and Country Planning Act 1990 Sched 13 para 1(b), having been affected by the government publication, "The future development of air transport in the United Kingdom". A counter notice was served on behalf of SoS Transport, objecting that no part of the property constituted blighted land; the objection was referred to LT. H had been trying to sell the property but was advised to drop the price by her agents after the report's publication, due to the fact that the property could be included in an action area if Stansted Airport was expanded. H also claimed that the blighting contravened the European Convention on Human Rights and breached her right to respect for private and family life, home and correspondence. "Held": H had failed to show the SoS's objection was not well founded and the objection should be upheld because there was nothing in the report to indicate that the house would be affected in any way. H could not invoke the convention rights as her circumstances fell far short of any that might involve such rights. View judgment at www.courtservice.gov.uk/tribunals/lands_frm.htm.
HALLIDAY V SOS TRANSPORT (2002)
BLIGHT NOTICES
AIRPORT EXPANSION
TOWN AND COUNTRY PLANNING ACT 1990 SCHED 13 PARA 1(B)
HUMAN RIGHTS ACT 1998
LT 24 January 2003. Claimant (H) served notice that a house she owned, six miles from Stansted Airport and 1.5 miles from the airport boundary, was blighted land within the Town and Country Planning Act 1990 Sched 13 para 1(b), having been affected by the government publication, "The future development of air transport in the United Kingdom". A counter notice was served on behalf of SoS Transport, objecting that no part of the property constituted blighted land; the objection was referred to LT. H had been trying to sell the property but was advised to drop the price by her agents after the report's publication, due to the fact that the property could be included in an action area if Stansted Airport was expanded. H also claimed that the blighting contravened the European Convention on Human Rights and breached her right to respect for private and family life, home and correspondence. "Held": H had failed to show the SoS's objection was not well founded and the objection should be upheld because there was nothing in the report to indicate that the house would be affected in any way. H could not invoke the convention rights as her circumstances fell far short of any that might involve such rights. View judgment at www.courtservice.gov.uk/tribunals/lands_frm.htm.
HALLIDAY V SOS TRANSPORT (2002)
BLIGHT NOTICES
AIRPORT EXPANSION
TOWN AND COUNTRY PLANNING ACT 1990 SCHED 13 PARA 1(B)
HUMAN RIGHTS ACT 1998