SCHEDULES

SCHEDULE 2MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

2.

(1)

Without limitation to the scope of paragraph 1, the Land Compensation Act 197348 has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2)

In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 4—

(a)

for the words “land is acquired or taken”, substitute “a right over land is purchased”; and

(b)

for the words “acquired or taken from him”, substitute “over which the right is exercisable”.

(3)

For section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition)49, as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5, substitute—

“(1)

In determining under section 8(1) and 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether—

(a)

a right over land consisting of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or

(b)

a right over land consisting of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,

the Upper Tribunal must take into account not only the effect of the acquisition of the right but also the use to be made of the right to be acquired, and, in a case where the right 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 to be made of the other land.”.