Paragraph 25 Application by landholder to Land Court to remove conditionsI1
Scotland Not yet in force
Where a landlord imposes a condition on a small landholder under paragraph 19(4) or 21(2)(b), the landholder may, before the end of the period mentioned in sub-paragraph (2), apply to the Land Court for a determination that the condition is unreasonable.
That period is 60 days beginning with the day on which notification of the conditions is given under paragraph 19(5)(b) or (as the case may be) 21(3).
Where a landlord modifies a condition under paragraph 22(2), the landholder may, before the end of the period mentioned in sub-paragraph (4), apply to the Land Court for a determination that the condition as modified is unreasonable.
That period is 60 days beginning with the day on which notification of the modification is given under paragraph 22(3).
In deciding whether or not a condition is unreasonable, the Land Court is to—
consider if the intended use of the land for the diverse purpose is likely to have a positive effect on the environment, and
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)) to which the condition relates.
Where, on an application under sub-paragraph (1) or (3), the Land Court determines that the condition is unreasonable, the Court may—
remove the condition, and
in its place, impose on the landholder such reasonable conditions as it considers appropriate.
Annotations
Commencement
- I1
Sch. 2 para. 25 not in force at Royal Assent, see s. 47(2)