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PART VN.I.COMPULSORY ACQUISITION

Severance of landN.I.

Determination of material detriment where part of house etc., is compulsorily acquiredN.I.

54.  In determining under—

(a)section 13(3)F1 of the Local Government and Roads Act (Northern Ireland) 1968 [1968 c.30] ; or

Para. (b) rep. by 1981 NI 16

(c)paragraph 10(3) of Schedule 6 to the Local Government Act (Northern Ireland) 1972 [1972 c.9] or any provision corresponding to that paragraph which is contained in any other statutory provision including (except where otherwise provided) a statutory provision passed after the making of this Order;

whether part of a house, building or factory can be taken without material detriment to the house, building or factory 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.