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Point in time view as at 25/09/1991. This version of this provision has been superseded.
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Land Compensation Act 1973, Section 58 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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58 Determination of material detriment where part of house etc. proposed for compulsory acquisition.E+W
(1)In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or [section 166(2) of the Town and Country Planning Act 1990]whether—
(a)part of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or
(b)part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,
the Lands Tribunal shall take into account not only the effect of the severance but also the use to be made of the part proposed to be acquired and, in a case where the part is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.
(2)Subsection (1) above shall apply with the necessary modifications to any determination—
(a)under the said section 8(1) as substituted by [paragraph 7 of Schedule 19 to the Highways Act 1980] or [paragraph 8 of Schedule 3 to the Gas Act 1986][paragraph 4 of Schedule 18 to the Water Act 1989](compulsory acquisition of rights over land); or
(b)under any provision corresponding to or substituted for the said section 8(1) which is contained in, or in an instrument made under, any other enactment including (except where otherwise provided) an enactment passed after this Act.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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