Compulsory Purchase Act 1965

[F1 Role of the Upper Tribunal E+W

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)

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.]