Town and Country Planning Act 1990

166 Saving for claimant’s right to sell whole hereditament, etc. E+W

(1) The provisions of sections 151(4)(c), 153(6), 154(4) and (5) and 155(3) and (4) relating to hereditaments shall not affect—

(a) the right of a claimant under section 92 of the M1 Lands Clauses Consolidation Act 1845 to sell the whole of the hereditament or, in the case of an agricultural unit, the whole of the affected area, which he has required the authority to purchase; or

(b) the right of a claimant under section 8 of the M2 Compulsory Purchase Act 1965 to sell (unless the Lands Tribunal otherwise determines) the whole of the hereditament or, as the case may be, affected area which he has required that authority to purchase.

(2) In accordance with subsection (1)(b), in determining whether or not to uphold an objection relating to a hereditament on the grounds mentioned in section 151(4)(c), the Lands Tribunal shall consider (in addition to the other matters which they are required to consider) whether—

(a) in the case of a house, building or factory, the part proposed to be acquired can be taken without material detriment to the house, building or factory; or

(b) in the case of a park or garden belonging to a house, the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house.

Marginal Citations

M1 1845 c. 18.

M2 1965 c. 56.