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Paragraph 23 Determination of Land Court in relation to objection to diversificationI1

Scotland Not yet in force

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

(1)

This paragraph applies where a landlord notifies a small landholder under paragraph 19(1)(b) that the landlord objects to a diversification proposal.

(2)

The landlord may, within the period mentioned in sub-paragraph (3), apply to the Land Court for a determination that the objection is reasonable.

(3)

That period is the period of 60 days beginning with the day on which the objection is notified under paragraph 19(1)(b).

(4)

The Land Court may determine that the objection is—

(a)

reasonable, or

(b)

unreasonable.

(5)

Where the Land Court determines that the objection is reasonable, the landholder may not implement the proposal.

(6)

Where the Land Court determines that the objection is unreasonable, the Court—

(a)

must—

(i)

approve the proposal, and

(ii)

determine the date from which the proposal may be implemented, and

(b)

may impose on the landholder such reasonable conditions in relation to the implementation of the proposal as it considers appropriate.

(7)

In deciding whether or not it is reasonable for the landlord to object to a notice of diversification, the Land Court is to—

(a)

consider if the intended use of the land for the diverse purpose is likely to have a positive effect on the environment, and

(b)

if the Land Court considers such positive effects are likely, whether those positive effects outweigh any negative effects (including, in particular, any negative effects mentioned in paragraph 19(3)(a)(i) to (iii)).

(8)

Where the landlord does not make an application under sub-paragraph (2) (and does not withdraw the objection under paragraph 21(1))—

(a)

the proposal is to be treated as having been agreed to by the landlord on the expiry of the period mentioned in sub-paragraph (3) (as read with paragraph 20(5)), and

(b)

the proposal may be implemented from the later of—

(i)

the date specified in the notice of diversification under paragraph 17(2)(d), and

(ii)

the date on which the proposal is treated as having been agreed to.

(9)

Where the landlord withdraws or abandons an application under sub-paragraph (2)—

(a)

the proposal is to be treated as having been agreed to by the landlord on the day on which the application is withdrawn or treated as having been abandoned, and

(b)

the proposal may be implemented from the later of—

(i)

the date specified in the notice of diversification under paragraph 17(2)(d), and

(ii)

the date on which the proposal is treated as having been agreed to.

(10)

An application purportedly made under sub-paragraph (2) after the end of the period mentioned in sub-paragraph (3) (as read with paragraph 20(5)) is to be treated as not having been made (and the Land Court may not make a determination under this paragraph in respect of it).

Annotations

Commencement

I1

Sch. 2 para. 23 not in force at Royal Assent, see s. 47(2)