SCHEDULES

F1SCHEDULE A1Counter-notice requiring purchase of land not in general vesting declaration

PART 3Determination by the Upper Tribunal

Role of the Upper Tribunal

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(1)

The Upper Tribunal must determine whether the severance of the land proposed to be acquired would—

(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.