Part VIRights of owners etc. to require purchase of interests

Chapter IIInterests Affected by Planning Proposals: Blight

Preliminary

149Scope of Chapter II

1

This Chapter shall have effect in relation to land falling within any paragraph of Schedule 13 (land affected by planning proposals of public authorities etc.); and in this Chapter such land is referred to as “blighted land”.

2

Subject to the provisions of sections 161 and 162, an interest qualifies for protection under this Chapter if—

a

it is an interest in a hereditament or part of a hereditament and on the relevant date it satisfies one of the conditions mentioned in subsection (3); or

b

it is an interest in an agricultural unit or part of an agricultural unit and on the relevant date it is the interest of an owner-occupier of the unit;

and in this Chapter such an interest is referred to as “a qualifying interest”.

3

The conditions mentioned in subsection (2)(a) are—

a

that the annual value of the hereditament does not exceed such amount as may be prescribed for the purposes of this paragraph by an order made by the Secretary of State, and the interest is the interest of an owner-occupier of the hereditament; or

b

that the interest is the interest of a resident owner-occupier of the hereditament.

4

In this section “the relevant date”, in relation to an interest, means the date of service of a notice under section 150 in respect of it.

5

In this Chapter “blight notice” means a notice served under section 150, 161 or 162.