Compulsory Purchase Act 1965

[F1 PART 3 E+W Determination by the Upper Tribunal

Textual Amendments

F1 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)

Introduction E+W

24 E+W This Part applies where, in accordance with paragraph 9 or 21, the acquiring authority refer a counter-notice to the Upper Tribunal.

25 E+W In this Part “land proposed to be acquired” and “additional land” have the meanings given by paragraph 3 or 16 as the case may be.

Role of the Upper Tribunal E+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.

27 E+W If the Upper Tribunal determines that the severance of the land proposed to be acquired would have either of the consequences described in paragraph 26(1) it must determine how much of the additional land the acquiring authority ought to be required to take in addition to the land proposed to be acquired.

Effect of determination that more land should be acquired E+W

28 (1) This paragraph applies where the Upper Tribunal determines that the acquiring authority ought to be required to take the whole or part of the additional land. E+W

(2) The compulsory purchase order has effect as if it included the owner's interest in the additional land.

(3) If the acquiring authority have already served a notice to treat in relation to the land proposed to be acquired, the notice has effect as if it also included the owner's interest in the additional land.

(4) If the acquiring authority have not served a notice to treat, they must serve a notice to treat in relation to the owner's interest in the land proposed to be acquired and the additional land.

(5) If the acquiring authority have already entered on and taken possession of the land proposed to be acquired, the power to award compensation under section 7 includes power to award compensation for any loss suffered by the owner by reason of the temporary severance of the land from the additional land.

(6) Where the Upper Tribunal determines that the acquiring authority ought to be required to take part only of the additional land, a reference in sub-paragraph (2) to (5) to “the additional land” is to that part.

Withdrawal of notice to treat following determination E+W

29 (1) This paragraph applies where— E+W

(a) the acquiring authority have served a notice to treat in respect of the land proposed to be acquired,

(b) the Upper Tribunal has determined that the authority ought to be required to take the whole or part of the additional land, and

(c) the authority have not yet entered on and taken possession of any of the land proposed to be acquired or the additional land.

(2) The acquiring authority may withdraw the notice to treat in respect of the whole of the land at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal made its determination.

(3) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(4) Any dispute as to the compensation is to be determined by the Upper Tribunal.]