Andrew McEvoy & Anor v Warwickshire County Council

Andrew McEvoy & Anor v Warwickshire County Council

The claimants' property is comprised in blighted land under paragraph 1A of Schedule 13 to the 1990 Act because it is identified for relevant public functions in development plan documents submitted for independent examination, and the Council's objection under section 151(4)(a) fails.

Parties
Claimant: Andrew McEvoy; Claimant: Joanne McEvoy; Respondent: Warwickshire County Council
Jurisdiction
England and Wales
Judgment Date
26 October 2020
Procedural Posture
Compensation Blight Notice / Preliminary Issue Determination
Outcome
Council's objection under section 151(4)(a) fails; claimants' property is blighted land under paragraph 1A of Schedule 13 to the 1990 Act.
Legal Topics
Blight Notice, Development Plan Documents, Compulsory Purchase, Highway Infrastructure
Property Law Planning Law Blight Notice Development Plan Documents Compulsory Purchase Highway Infrastructure

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Parties

Andrew McEvoy

Claimant

Joanne McEvoy

Claimant

Warwickshire County Council

Respondent

Procedural Posture

Compensation Blight Notice / Preliminary Issue Determination

Legal Issues

  1. 1 Whether Green Acres is blighted land under Schedule 13 paragraph 1A of the Town and Country Planning Act 1990
  2. 2 Whether the relevant documents are development plan documents identifying the land for relevant public functions

Ratio Decidendi

The claimants' property is comprised in blighted land under paragraph 1A of Schedule 13 to the 1990 Act because it is identified for relevant public functions in development plan documents submitted for independent examination, and the Council's objection under section 151(4)(a) fails.

Court Disposition

Council's objection under section 151(4)(a) fails; claimants' property is blighted land under paragraph 1A of Schedule 13 to the 1990 Act.

Orders

  • Further directions under the written representations procedure for determination of remaining grounds of objection will be issued.