C1PART 7Compulsory purchase etc
Disputes
I1200Objection to division of land: blight notices
1
The Town and Country Planning Act 1990 is amended as follows.
2
In section 153 (reference of objection to Upper Tribunal), after subsection (4) insert—
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.
3
In section 166 (saving for claimant's right to sell whole hereditament etc.)—
a
in subsection (1) omit paragraph (b) (and the “or” before it);
b
omit subsection (2).
Pts. 6, 7: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)