Machin & Anor v Devon County Council [2006] EWLands BNO_202_2005 (08 December 2006)

The proposed acquisition of a small strip of land and reservation of rights for maintenance would not seriously affect the amenity or convenience of the claimants' property. The council's counter-notice was valid and well founded, and its objection to the blight notice is upheld.

Citation: [2006] EWLands BNO_202_2005
Parties: Claimant: Anthony Machin; Claimant: Joan Machin; Respondent: Devon County Council
Jurisdiction: England and Wales
Judgment Date: 08 December 2006
Procedural Posture: Blight Notice Objection / Final Decision After Hearing Under Simplified Procedure
Outcome: objection to blight notice upheld; claimants' reference dismissed
Legal Topics: Blight Notices, Compulsory Purchase, Amenity and Convenience, Town and Country Planning Act 1990

Property Law Administrative Law Blight Notices Compulsory Purchase Amenity and Convenience Town and Country Planning Act 1990

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 16

Parties

Anthony Machin

Claimant

Joan Machin

Claimant

Devon County Council

Respondent

Procedural Posture

Blight Notice Objection / Final Decision After Hearing Under Simplified Procedure

Legal Issues

1 Whether the council's counter-notice objecting to the blight notices was valid and well founded
2 Whether the proposed acquisition of part of the claimants' garden would seriously affect the amenity or convenience of the property

Ratio Decidendi

Court Disposition

objection to blight notice upheld; claimants' reference dismissed