{
  "url": "https://openlegislation.uk/planning-wales-act-2026/schedule-12/paragraph-14",
  "json_url": "https://openlegislation.uk/planning-wales-act-2026/schedule-12/paragraph-14.json",
  "legislation": "asc/2026/6",
  "legislation_title": "Planning (Wales) Act 2026",
  "legislation_url": "https://openlegislation.uk/planning-wales-act-2026",
  "path": "schedule/12/paragraph/14",
  "kind": "paragraph",
  "number": "14",
  "heading": "Effect of counter-notice",
  "text": "(1) Sub-paragraph (2) applies if—\n(a) a counter-notice is served on an acquiring authority, and\n(b) the authority does not, by the end of the period of 2 months beginning with the day the notice was served, notify the claimant in writing that it accepts the notice.\n(2) The claimant or the authority may, within 2 months after the end of that period, refer the counter-notice to the Upper Tribunal.\n(3) On a reference of a counter-notice, the Upper Tribunal must—\n(a) determine whether the land to which the notice relates is reasonably capable of being farmed as a separate agricultural unit, either by itself or in conjunction with other relevant land (within the meaning given by paragraph 13(5)), and\n(b) confirm or reject the notice.\n(4) If the counter-notice is accepted or confirmed, the acquiring authority is to be treated—\n(a) as being authorised under the relevant acquisition provisions to acquire compulsorily the interest to which the notice relates, and\n(b) as having served a notice to treat in respect of that interest on the day the authority is treated as having served a notice to treat in respect of the other land in the agricultural unit in question by virtue of paragraph 5(5) or paragraph 9(1) or (3)(b).\n(5) If a dispute about the compensation payable for the acquisition of the interest to which the counter-notice relates is referred to and determined by the Upper Tribunal, the claimant may not withdraw the notice after the end of 6 weeks beginning with the day the Tribunal determines the compensation.\n(6) If the claimant withdraws the counter-notice, any notice to treat that is treated as having been served in consequence of it is to be treated as having been withdrawn.\n(7) A notice to treat that is treated as having been served by virtue of this paragraph may not be withdrawn under section 31 of the Land Compensation Act 1961 (c. 33).\n(8) In determining the compensation payable for the acquisition of an interest in land in pursuance of a counter-notice, the value of the interest is to be assessed—\n(a) on the assumption that planning permission would not be granted for any development of the land, and\n(b) ignoring any planning permission that has been granted for development of the land, so far as the development to which it relates has not been carried out.",
  "extent": "E+W",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 12 para. 14 not in force at Royal Assent, see s. 409(2)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "modified (temp.)",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "modified (temp.)",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "modified (temp.)",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "modified (temp.)",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asc/2026/6/schedule/12/paragraph/14",
    "retrieved_at": "2026-10-29T20:17:37.107863+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}