Land Compensation Act 1973

58 Determination of material detriment where part of house etc. proposed for compulsory acquisition

(1) In determining under section 8(1) or 34(2) of the [1965 c. 56.] Compulsory Purchase Act 1965, paragraph 10 of Schedule 3A to the [1968 c. 72.] Town and Country Planning Act 1968 or section 202(2) of the [1971 c. 78.] Town and Country Planning Act 1971 whether—

(a) part of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or

(b) part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,

the Lands Tribunal shall take into account not only the effect of the severance but also the use to be made of the part proposed to be acquired and, in a case where the part 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 to be made of the other land.

(2) Subsection (1) above shall apply with the necessary modifications to any determination—

(a) under the said section 8(1) as substituted by paragraph 8 of Schedule 6 to the [1971 c. 41.] Highways Act 1971 or paragraph 14 of Schedule 2 to the [1972 c. 60.] Gas Act 1972 (compulsory acquisition of rights over land); or

(b) under any provision corresponding to or substituted for the said section 8(1) which is contained in, or in an instrument made under, any other enactment including (except where otherwise provided) an enactment passed after this Act.

(3) In the application of this section to Scotland—

(a) for the reference in subsection (1) to the provisions there mentioned there shall be substituted a reference to paragraph 4 of Schedule 2 to the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and section 191(2) of, and paragraph 26 of Schedule 24 to, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

(b) for the reference to the said section 8(1) as substituted by the provisions mentioned in subsection (2) (a) above there shall be substituted a reference to the said paragraph 4 as substituted by paragraph 24 of Schedule 2 to the [1972 c. 60.] Gas Act 1972 ;

(c) for the reference to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland.