Paragraph 3

In section 8 of that Act (provisions as to divided land) for subsection (1) there shall be substituted–

“(1)

This subsection applies where–

(a)

a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”) has been served on a person under section 5 of this Act,

(b)

in consequence of the service of the notice, a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the Lands Tribunal, and

(c)

before the Lands Tribunal have determined that question, the person on whom the notice has been served satisfies them that the relevant conditions are met.

(1A)

The relevant conditions are–

(a)

that he has an interest which he is able and willing to sell in the whole of the relevant land;

(b)

where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right without material detriment to it; and

(c)

where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house.

(1B)

Where subsection (1) above applies–

(a)

the compulsory purchase order shall, in relation to the person on whom the notice to treat has been served–

(i)

cease to authorise the purchase of the right to which the notice relates, and

(ii)

be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house, and

(b)

the notice to treat shall be deemed to have been served in respect of that interest on such date as the Lands Tribunal direct.

(1C)

Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the Lands Tribunal.

(1D)

Where the Lands Tribunal determine that the person on whom a notice to treat has been served has satisfied them as mentioned in subsection (1)(c) of this section, the acquiring authority may withdraw the notice at any time within the period of six weeks beginning with the date of the determination.

(1E)

Subsection (1D) of this section is without prejudice to any other power of the acquiring authority to withdraw the notice to treat.”.