Compulsory Purchase (Vesting Declarations) Act 1981

[F1 PART 2 E+W Consequences of counter-notice

Textual Amendments

F1 Sch. A1 inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 18 para. 6; S.I. 2017/75, reg. 3(k) (with reg. 5)

Acquiring authority must respond to counter-notice within three months E+W

6 (1) On receiving a counter-notice the acquiring authority must decide whether to— E+W

(a) withdraw the notice to treat in relation to the land proposed to be acquired,

(b) accept the counter-notice, or

(c) refer the counter-notice to the Upper Tribunal.

(2) But the acquiring authority may not decide to withdraw the notice to treat if the counter-notice was served on or after the original vesting date.

7 E+W The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

8 E+W If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

9 (1) This paragraph applies if the acquiring authority do not serve notice of a decision within the decision period. E+W

(2) If the counter-notice was served before the original vesting date, the authority are to be treated as if they had served notice of a decision to withdraw the notice to treat in relation to the land proposed to be acquired.

(3) If the counter-notice was served on or after the original vesting date, they are to be treated as if they had served notice of a decision to accept it.

No vesting if notice to treat withdrawn E+W

10 E+W If the acquiring authority serve notice of a decision to withdraw the notice to treat in relation to the land proposed to be acquired the general vesting declaration is to have effect as if it did not include that land.

Effects of accepting counter-notice E+W

11 (1) This paragraph applies where the acquiring authority serve notice of a decision to accept the counter-notice. E+W

(2) The general vesting declaration and the notice to treat (and, where applicable, the compulsory purchase order) are to have effect as if they included the owner's interest in the additional land as well as in the land proposed to be acquired.

(3) The authority must serve on the owner a notice specifying the vesting date or dates for—

(a) the land proposed to be acquired (if the counter-notice was served before the original vesting date), and

(b) the additional land.

(4) The new vesting date for the land proposed to be acquired must not be before the original vesting date.

(5) The vesting date for the additional land must be after the period of 3 months beginning with the day on which the notice under sub-paragraph (3) is served.

Effects of referring counter-notice to the Upper Tribunal E+W

12 (1) This paragraph applies where— E+W

(a) the acquiring authority refer the counter-notice to the Upper Tribunal, and

(b) the counter-notice was served before the original vesting date.

(2) At any time before the Upper Tribunal make a determination under paragraph 14, the acquiring authority may serve notice on the owner specifying a new vesting date for the land proposed to be acquired.

(3) The new vesting date for the land proposed to be acquired must not be before the original vesting date.]