SCHEDULES

C51C53C42C30C16C7C19C43C50C13C56C23C22C39C25C29C26C28C2C31C35C12C18C17C46C32C14C48C47C38C3C52C37C10C44C27C9C54C24C33C4C45C20C6C41C55C11C36C15C1C57C5C34C40C49C21C8C58C59C60C61C62C63C64F1SCHEDULE A1Counter-notice requiring purchase of land not in general vesting declaration

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C51

Sch. A1 excluded by 2017 c. 7, s. 7(2) (as amended) (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 2; S.I. 2017/209, reg. 2

C53

Sch. A1 excluded by 2017 c. 7, s. 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

C26

Sch. A1 excluded (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 25(3)(b) (with arts. 7, 25(4))

PART 3Determination by the Upper Tribunal

Role of the Upper Tribunal

14

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.