OpenLegislation

Paragraph 15

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If, on a reference under paragraph 14(5), the F1Upper Tribunal determines that the land subject to the notice to treat can be taken—

(a)

without material detriment to the remainder of the land subject to the counter-notice, and

(b)

where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the house to which the garden only land belongs,

the owner shall be required to sell the land subject to the notice to treat.

(2)

If, on such a reference, the Upper Tribunal determines that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (1), the notice to treat shall, subject to sub-paragraph (3), be deemed to be a notice to treat for that part.

(3)

Where the land subject to the notice to treat is not land which consists of or includes garden only land, sub-paragraph (2) shall only have effect to deem the notice to treat to be a notice to treat for land which does consist of or include garden only land if the Upper Tribunal determines that that land can be taken without seriously affecting the amenity and convenience of the house to which the garden only land belongs.

(4)

If, on such a reference, the Upper Tribunal determines—

(a)

that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, but

(b)

that the material detriment is confined to part of the remainder of that land,

then, except where sub-paragraph (5) applies, the notice to treat shall be deemed to be a notice to treat in addition for the land to which the material detriment is confined.

(5)

If, in a case where the land subject to the notice to treat consists of or includes garden only land, the Upper Tribunal determines on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the house to which the garden only land belongs, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(6)

If, on such a reference, the Upper Tribunal determines—

(a)

that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, and

(b)

that the material detriment is not confined to part of the remainder of that land,

the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(7)

For the purposes of this paragraph, the land subject to the notice to treat consists of or includes garden only land if—

(a)

it consists of the whole or part of a park or garden belonging to a house, or

(b)

it includes the whole or part of such a park or garden but does not include the house or any part of it.

Annotations

Textual amendments

F1

Words in Sch. 6 para. 15(1)-(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 290(5) (with Sch. 5)