SCHEDULES

[F1SCHEDULE 2AE+WCounter-notice requiring purchase of land not in notice to treat

Textual Amendments

Modifications etc. (not altering text)

C17Sch. 2A excluded (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 25(3)(a) (with arts. 7, 25(4))

PART 3E+WDetermination by the Upper Tribunal

Role of the Upper TribunalE+W

26(1)The Upper Tribunal must determine whether the severance of the land proposed to be acquired would—E+W

(a)in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b)in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

(2)In making its determination, the Upper Tribunal must take into account—

(a)the effect of the severance,

(b)the proposed use of the land proposed to be acquired, and

(c)if that land 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 of the other land.]