SCHEDULES

[F1 SCHEDULE 2A E+W Counter-notice requiring purchase of land not in notice to treat

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)

Modifications etc. (not altering text)

C1 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)

C2 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

C3 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))

C4 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)

C5 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)

C6 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))

C7 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))

C8 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))

C9 Sch. 2A excluded (3.10.2018) by The A19/A184 Testo's Junction Alteration Development Consent Order 2018 (S.I. 2018/994), arts. 1, 27 (with arts. 3(3), 5)

C10 Sch. 2A excluded (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 26(3)(a)(4) (with arts. 55, 56)

C11 Sch. 2A excluded (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 24(3)(a) (with art. 24(4))

C12 Sch. 2A excluded (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 25(3)(a) (with art. 25(4))

C13 Sch. 2A excluded (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 25(3)(a) (with art. 25(4))

C14 Sch. 2A excluded (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 31(3)(a) (with arts. 3(1), 31(4))

C15 Sch. 2A excluded (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 23(3)(a) (with arts. 7, 23(4))

C16 Sch. 2A excluded (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), arts. 1, 27(3)(a) (with arts. 5, 27(4), 44)

C17 Sch. 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))

C18 Sch. 2A excluded (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 27(4)(a) (with arts. 51, 57)

C19 Sch. 2A excluded (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 31(3)(a) (with arts. 31(4), 37)

C20 Sch. 2A excluded (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), arts. 1, 27(3)(a) (with arts. 5, 27(4), 44)

C21 Sch. 2A excluded (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 21(3)(a) (with arts. 21(4), 37)

C22 Sch. 2A modified (22.7.2020) by The Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I. 2020/706), art. 1, Sch. 7 para. 5 (with arts. 41, 42, Sch. 16 para. 66)

C23 Sch. 2A excluded (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), arts. 1, 27(3)(a) (with arts. 5, 27(4))

C24 Sch. 2A excluded (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), arts. 1, 24(3)(a) (with art. 24(4), Sch. 9 para. 144)

C25 Sch. 2A excluded (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 33(4)(a) (with art. 33(5))

C26 Sch. 2A excluded (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 28(3)(a) (with arts. 28(4), 32, Sch. 9 para. 36)

PART 3 E+W Determination by the Upper Tribunal

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.]