SCHEDULES

Schedule 1E+W Divided Land

Modifications etc. (not altering text)

Part I E+W Buildings and Gardens Etc.

Response by acquiring authority to objection to severanceE+W

8(1)Where in accordance with paragraph 4(1)(c) above an acquiring authority refer a notice of objection to severance to the [F1Upper Tribunal] , and on that reference the Tribunal determines that the part of the land proposed to be severed which is comprised in the general vesting declaration can be taken—E+W

(a)in the case of a house, building or factory, without material detriment, or

(b)in the case of a park or garden, without seriously affecting the amenity or convenience of the house,

paragraph 3 above shall thereupon cease to have effect in relation to that notice.

(2)In making a determination under this paragraph in any of the cases in sub-paragraph (1)(a) or (b) above the 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.

Textual Amendments