153 Reference of objection to [F1Upper Tribunal]: general.E+W
(1)Where a counter-notice has been served under section 151 objecting to a blight notice, the claimant may require the objection to be referred to the [F1Upper Tribunal].
(2)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)On any such reference, if the objection is not withdrawn, the [F1Upper Tribunal] shall consider—
(a)the matters set out in the notice served by the claimant, and
(b)the grounds of the objection specified in the counter-notice;
and, subject to subsection (4), unless it is shown to the satisfaction of the Tribunal that the objection is not well-founded, the Tribunal shall uphold the objection.
(4)An objection on the grounds mentioned in section 151(4)(b), (c) or (d) shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.
[F3(4A)Where the effect of a blight notice would be a compulsory purchase to which Part 1 of the Compulsory Purchase Act 1965 applies, the Upper Tribunal may uphold an objection on the grounds mentioned in section 151(4)(c) only if it is satisfied that the part of the hereditament or affected area proposed to be acquired in the counter-notice—
(a)in the case of a house, building or factory, can be taken without material detriment to the house, building or factory, or
(b)in the case of a park or garden belonging to a house, can be taken without seriously affecting the amenity or convenience of the house.]
(5)If the Tribunal determines not to uphold the objection, the Tribunal shall declare that the notice to which the counter-notice relates is a valid notice.
(6)If the Tribunal upholds the objection, but only on the grounds mentioned in section 151(4)(c), the Tribunal shall declare that the notice is a valid notice in relation to the part of the hereditament, or in the case of an agricultural unit the part of the affected area, specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in that notice, but not in relation to any other part of the hereditament or affected area.
(7)In a case falling within subsection (5) or (6), the Tribunal shall give directions specifying the date on which notice to treat (as mentioned in section 154) is to be deemed to have been served.
(8)This section shall have effect in relation to a further counter-notice served by virtue of section 152(1) as it has effect in relation to the counter-notice for which it is substituted.
Textual Amendments
F1Words in s. 153 heading substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 198(a)
F2Words in s. 153(2) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 198(b)
F3S. 153(4A) inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 200(2), 216(3); S.I. 2017/75, reg. 3(h)
Modifications etc. (not altering text)
C1S. 153(4A) 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)
C2S. 153(4A) 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)
C3S. 153(4A) excluded (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 22(3) (with arts. 22(4), 32(2))
C4S. 153(4A) excluded (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 29(3)(c) (with arts. 4, 29(4), 37)
C5S. 153(4A) excluded (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 30(3)(c) (with arts. 30(4), 58, 59)
C6S. 153(4A) excluded (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 21(4), 22(3) (with arts. 22(4), 24(8), 33(2))
C7S. 153(4A) excluded (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 27(4)(c) (with art. 27(5))
C8S. 153(4A) excluded (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 22(3)(c) (with arts. 22(4), 31(2))
C9S. 153(4A) excluded (3.10.2018) by The A19/A184 Testos Junction Alteration Development Consent Order 2018 (S.I. 2018/994), arts. 1, 27 (with arts. 3(3), 5)
C10S. 153(4A) excluded (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 26(3)(c)(4) (with arts. 55, 56)
C11S. 153(4A) excluded (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 24(3)(c) (with art. 24(4))
C12S. 153(4A) excluded (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 25(3)(c) (with art. 25(4))
C13S. 153(4A) excluded (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 25(3)(c) (with art. 25(4))
C14S. 153(4A) excluded (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 31(3)(c) (with arts. 3(1), 31(4))
C15S. 153(4A) excluded (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 23(3)(c) (with arts. 7, 23(4))
C16S. 153(4A) excluded (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), arts. 1, 27(3)(c) (with arts. 5, 27(4), 44)
C17S. 153(4A) excluded (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 25(3)(c) (with arts. 7, 25(4))
C18S. 153(4A) excluded (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 27(4)(c) (with arts. 51, 57)
C19S. 153(4A) excluded (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 31(3)(c) (with arts. 31(4), 37)
C20S. 153(4A) excluded (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), arts. 1, 27(3)(c) (with arts. 5, 27(4), 44)
C21S. 153(4A) excluded (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 21(3)(c) (with arts. 21(4), 37)
C22S. 153(4A) excluded (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), arts. 1, 27(3)(c) (with arts. 5, 27(4))
C23S. 153(4A) excluded (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), arts. 1, 24(3)(c) (with art. 24(4), Sch. 9 para. 144)
C24S. 153(4A) excluded (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 33(4)(c) (with art. 33(5))
C25S. 153(4A) excluded (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 28(3)(c) (with arts. 28(4), 32, Sch. 9 para. 36)
C26S. 153(4A) excluded (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 23(3) (with arts. 23(4), 40, 41, Sch. 9 Pt. 5 para. 18)
C27S. 153(4A) excluded (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), arts. 1, 30(3)(c) (with arts. 5, 30(4), Sch. 27 para. 36)
C28S. 153(4A) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 7(2)(c), 64(1) (with s. 7(3))
C29S. 153(4A) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 6(2)(c), 64(1)
C30S. 153(4A) excluded (19.2.2021) by The A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (S.I. 2021/125), arts. 1, 31(3)(c) (with arts. 4, 31(4), 47)
C31S. 153(4A) excluded (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 26(3)(c) (with arts. 15, 50, Sch. 11 para. 29)
C32S. 153(4A) excluded (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 24(3)(c) (with arts. 41, 42, Sch. 17 para. 66)
C33S. 153(4A) excluded (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 24(3)(c) (with arts. 24(4), 41, 42, Sch. 16)
C34S. 153(4A) excluded (10.3.2022) by The Thurrock Flexible Generation Plant Development Consent Order 2022 (S.I. 2022/157), arts. 1, 25(4)(c) (with Sch. 8 Pt. 6 para. 19)
C35S. 153(4A) excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 35 (with art. 55)
C36S. 153(4A) excluded (22.4.2022) by The East Anglia ONE North Offshore Wind Farm Order 2022 (S.I. 2022/432), arts. 1(2), 24(3)(c) (with arts. 40, 41)
C37S. 153(4A) excluded (22.4.2022) by The East Anglia TWO Offshore Wind Farm Order 2022 (S.I. 2022/433), arts. 1(2), 24(3)(c) (with arts. 24(4), 40, 41)
C38S. 153(4A) excluded (12.5.2022) by The M54 to M6 Link Road Development Consent Order 2022 (S.I. 2022/475), arts. 1, 27(3)(c) (with art. 27(4))
C39S. 153(4A) excluded (2.6.2022) by The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022 (S.I. 2022/549), arts. 1, 30(3)(c) (with arts. 6, 30(4), 34)
C40S. 153(4A) excluded (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 32(3)(c) (with arts. 5, 32(4), 36)
C41S. 153(4A) excluded (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order 2022 (S.I. 2022/738), arts. 1, 32(3)(c) (with arts. 4, 32(4), 50)
C42S. 153(4A) excluded (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), arts. 1, 35 (with arts. 35(4), 62, 76, 87)
C43S. 153(4A) excluded (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), arts. 1, 31(3)(c) (with arts. 4, 31(4), 53)
C44S. 153(4A) excluded (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 32(4)(c) (with art. 32(5))
C45S. 153(4A) excluded (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 30(3)(c) (with art. 30(6))
C46S. 153(4A) excluded (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 31(4)(c) (with art. 31(5))
C47S. 153(4A) excluded (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), arts. 1, 32(3)(c) (with arts. 4, 52, Sch. 9 para. 82)
C48S. 153(4A) excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 35(3)(c)
C49S. 153(4A) excluded (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 31(3)(c) (with arts. 31(4), 51)
C50S. 153(4A) excluded (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), arts. 1, 29(3)(c) (with arts. 5, 29(4))
C51S. 153(4A) excluded (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 32(3) (with arts. 4, 32(4))