SCHEDULES
C1C2C3C4C5C6C7C8F1SCHEDULE 2ACounter-notice requiring purchase of land not in notice to treat
Sch. 2A excluded by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 7(2), 8(2) (as amended (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 3; S.I. 2017/209, reg. 2)
Sch. 2A modified (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), arts. 1, 23(4), Sch. 7 para. 9
Sch. 2A excluded (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 22(3) (with arts. 22(4), 32(2))
Sch. 2A excluded (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 29(3)(a) (with arts. 4, 29(4), 37)
Sch. 2A excluded (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 30(3)(a) (with arts. 30(4), 58, 59)
Sch. 2A excluded (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 21(4)(a) (with arts. 24(8), 33(2))
Sch. 2A excluded (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 27(4)(a) (with art. 27(5))
Sch. 2A excluded (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 22(3)(a) (with arts. 22(4), 31(2))
PART 1Counter-notice where acquiring authority has not taken possession
Acquiring authority must respond to counter-notice within three months
7
On receiving a counter-notice the acquiring authority must decide whether to—
a
withdraw the notice to treat,
b
accept the counter-notice, or
c
refer the counter-notice to the Upper Tribunal.
8
The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).
9
If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.
10
If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.
Sch. 2A inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 17 para. 3; S.I. 2017/75, reg. 3(g) (with reg. 5)