Office of Public Sector Information
PART VI continued CHAPTER II continued
(4) Subject to the following provisions of this Act, the grounds on which objection may be made in a counter-notice to a notice served under section 150 are—
(a) that no part of the hereditament or agricultural unit to which the notice relates is comprised in blighted land;
(b) that the appropriate authority (unless compelled to do so by virtue of this Chapter) do not propose to acquire any part of the hereditament, or in the case of an agricultural unit any part of the affected area, in the exercise of any relevant powers;
(c) that the appropriate authority propose in the exercise of relevant powers to acquire a part of the hereditament or, in the case of an agricultural unit, a part of the affected area specified in the counter-notice, but (unless compelled to do so by virtue of this Chapter) do not propose to acquire any other part of that hereditament or area in the exercise of any such powers;
(d) in the case of land falling within paragraph 1, 3 or 13 but not 14, 15 or 16 of Schedule 13, that the appropriate authority (unless compelled to do so by virtue of this Chapter) do not propose to acquire in the exercise of any relevant powers any part of the hereditament or, in the case of an agricultural unit, any part of the affected area during the period of 15 years from the date of the counter-notice or such longer period from that date as may be specified in the counter-notice;
(e) that, on the date of service of the notice under section 150, the claimant was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates;
(f) that (for reasons specified in the counter-notice) the interest of the claimant is not a qualifying interest;
(g) that the conditions specified in paragraphs (b) and (c) of section 150(1) are not fulfilled.
(5) Where the appropriate enactment confers power to acquire rights over land, subsection (4) shall have effect as if—
(a) in paragraph (b) after the word “acquire” there were inserted the words “or to acquire any rights over”;
(b) in paragraph (c) for the words “do not propose to acquire” there were substituted the words “propose neither to acquire, nor to acquire any right over”;
(c) in paragraph (d) after the words “affected area” there were inserted “or to acquire any right over any part of it”.
(6) An objection may not be made on the grounds mentioned in paragraph (d) of subsection (4) if it may be made on the grounds mentioned in paragraph (b) of that subsection.
(7) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 19 of Schedule 13 shall not include those mentioned in subsection (4)(b) or (c).
(8) In this section “relevant powers”, in relation to blighted land falling within any paragraph of Schedule 13, means any powers under which the appropriate authority are or could be authorised—
(a) to acquire that land or to acquire any rights over it compulsorily as being land falling within that paragraph; or
(b) to acquire that land or any rights over it compulsorily for any of the relevant purposes;
and “the relevant purposes”, in relation to any such land, means the purposes for which, in accordance with the circumstances by virtue of which that land falls within the paragraph in question, it is liable to be acquired or is indicated as being proposed to be acquired.
(1) Where—
(a) an appropriate authority have served a counter-notice objecting to a blight notice in respect of any land falling within paragraph 1, 2, 3, 4 or 14 of Schedule 13 by virtue of Note (1) to that paragraph, and
(b) the relevant plan or alterations or, as the case may be, the relevant order or scheme comes into force (whether in its original form or with modifications),
the appropriate authority may serve on the claimant, in substitution for the counter-notice already served, a further counter-notice specifying different grounds of objection.
(2) Such a further counter-notice shall not be served—
(a) at any time after the end of the period of two months beginning with the date on which the relevant plan or alterations come into force; or
(b) if the objection in the counter-notice already served has been withdrawn or the Lands Tribunal has already determined whether or not to uphold that objection.
(1) Where a counter-notice has been served under section 151 objecting to a blight notice, the claimant may require the objection to be referred to the Lands Tribunal.
(2) Such a reference may be required under subsection (1) at any time before the end of the period of two months beginning with the date of service of the counter-notice.
(3) On any such reference, if the objection is not withdrawn, the Lands Tribunal shall consider—
(a) the matters set out in the notice served by the claimant, and
(b) the grounds of the objection specified in the counter-notice;
and, subject to subsection (4), unless it is shown to the satisfaction of the Tribunal that the objection is not well-founded, the Tribunal shall uphold the objection.
(4) An objection on the grounds mentioned in section 151(4)(b), (c) or (d) shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.
(5) If the Tribunal determines not to uphold the objection, the Tribunal shall declare that the notice to which the counter-notice relates is a valid notice.
(6) If the Tribunal upholds the objection, but only on the grounds mentioned in section 151(4)(c), the Tribunal shall declare that the notice is a valid notice in relation to the part of the hereditament, or in the case of an agricultural unit the part of the affected area, specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in that notice, but not in relation to any other part of the hereditament or affected area.
(7) In a case falling within subsection (5) or (6), the Tribunal shall give directions specifying the date on which notice to treat (as mentioned in section 154) is to be deemed to have been served.
(8) This section shall have effect in relation to a further counter-notice served by virtue of section 152(1) as it has effect in relation to the counter-notice for which it is substituted.
(1) Subsection (2) applies where a blight notice has been served and either—
(a) no counter-notice objecting to that notice is served in accordance with this Chapter; or
(b) where such a counter-notice has been served, the objection is withdrawn or, on a reference to the Lands Tribunal, is not upheld by the Tribunal.
(2) Where this subsection applies, the appropriate authority shall be deemed—
(a) to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in the hereditament, or in the case of an agricultural unit the interest of the claimant in so far as it subsists in the affected area, and
(b) to have served a notice to treat in respect of it on the date mentioned in subsection (3).
(3) The date referred to in subsection (2)—
(a) in a case where, on a reference to the Lands Tribunal, the Tribunal determines not to uphold the objection, is the date specified in directions given by the Tribunal in accordance with section 153(7);
(b) in any other case, is the date on which the period of two months beginning with the date of service of the blight notice comes to an end.
(4) Subsection (5) applies where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 151(4)(c) and either—
(a) the claimant, without referring that objection to the Lands Tribunal, and before the time for so referring it has expired—
(i) gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the hereditament or affected area specified in the counter-notice, and
(ii) withdraws his claim as to the remainder of that hereditament or area; or
(b) on a reference to the Lands Tribunal, the Tribunal makes a declaration in accordance with section 153(6) in respect of that part of the hereditament or affected area.
(5) Where this subsection applies, the appropriate authority shall be deemed—
(a) to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the hereditament or affected area specified in the counter-notice (but not in so far as it subsists in any other part of that hereditament or area), and
(b) to have served a notice to treat in respect of it on the date mentioned in subsection (6).
(6) The date referred to in subsection (5)—
(a) in a case falling within paragraph (a) of subsection (4), is the date on which notice is given in accordance with that paragraph; and
(b) in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Lands Tribunal in accordance with section 153(7).
(1) Subsection (2) shall have effect where the grounds of objection specified in a counter-notice served under section 151 consist of or include the grounds mentioned in paragraph (b) or (d) of subsection (4) of that section and either—
(a) the objection on the grounds mentioned in that paragraph is referred to and upheld by the Lands Tribunal; or
(b) the time for referring that objection to the Lands Tribunal expires without its having been so referred.
(2) If—
(a) a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes the whole or part of the hereditament or agricultural unit to which the counter-notice relates, or
(b) the land in question falls within paragraph 21 of Schedule 13,
any power conferred by that order or, as the case may be, by special enactment for the compulsory acquisition of the interest of the claimant in the hereditament or agricultural unit or any part of it shall cease to have effect.
(3) Subsection (4) shall have effect where the grounds of objection specified in a counter-notice under section 151 consist of or include the grounds mentioned in paragraph (c) of subsection (4) of that section and either—
(a) the objection on the grounds mentioned in that paragraph is referred to and upheld by the Lands Tribunal; or
(b) the time for referring that objection to the Lands Tribunal expires without its having been so referred;
and in subsection (4) any reference to “the part of the hereditament or affected area not required” is a reference to the whole of that hereditament or area except the part specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in the counter-notice.
(4) If—
(a) a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes any of the part of the hereditament or affected area not required, or
(b) the land in question falls within paragraph 21 of Schedule 13,
any power conferred by that order or, as the case may be, by the special enactment for the compulsory acquisition of the interest of the claimant in any land comprised in the part of the hereditament or affected area not required shall cease to have effect.
(1) Subject to subsection (3), the person by whom a blight notice has been served may withdraw the notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the notice has been determined by the Lands Tribunal or, if there has been such a determination, at any time before the end of the period of six weeks beginning with the date of the determination.
(2) Where a blight notice is withdrawn by virtue of subsection (1) any notice to treat deemed to have been served in consequence of it shall be deemed to have been withdrawn.
(3) A person shall not be entitled by virtue of subsection (1) to withdraw a notice after the appropriate authority have exercised a right of entering and taking possession of land in pursuance of a notice to treat deemed to have been served in consequence of that notice.
(4) No compensation shall be payable in respect of the withdrawal of a notice to treat which is deemed to have been withdrawn by virtue of subsection (2).
(1) Where—
(a) an interest in land is acquired in pursuance of a blight notice, and
(b) the interest is one in respect of which a compulsory purchase order is in force under section 1 of the [1981 c. 67.] Acquisition of Land Act 1981, as applied by section 47 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990, containing a direction for minimum compensation under section 50 of that Act of 1990,
the compensation payable for the acquisition shall be assessed in accordance with that direction and as if the notice to treat deemed to have been served in respect of the interest under section 154 had been served in pursuance of the compulsory purchase order.
(2) Where—
(a) an interest in land is acquired in pursuance of a blight notice, and
(b) the interest is one in respect of which a compulsory purchase order is in force under section 290 of the [1985 c. 68.] Housing Act 1985 (acquisition of land for clearance);
the compensation payable for the acquisition shall be assessed in accordance with that Act and as if the notice to treat deemed to have been served in respect of the interest under section 154 had been served in pursuance of the compulsory purchase order.
(3) The compensation payable in respect of the acquisition by virtue of section 160 of an interest in land comprised in—
(a) the unaffected area of an agricultural unit; or
(b) if the appropriate authority have served a counter-notice objecting to the blight notice on the grounds mentioned in section 151(4)(c), so much of the affected area of the unit as is not specified in the counter-notice,
shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) of the [1973 c. 26.] Land Compensation Act 1973.
(4) In subsection (3) the reference to “the appropriate authority” shall be construed as if the unaffected area of an agricultural unit were part of the affected area.
(1) This section applies where—
(a) a blight notice is served in respect of an interest in the whole or part of an agricultural unit, and
(b) on the date of service that unit or part contains land (“the unaffected area”) which is not blighted land as well as land (“the affected area”) which is such land.
(2) Where this section applies the claimant may include in the blight notice—
(a) a claim that the unaffected area is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and
(b) a requirement that the appropriate authority shall purchase his interest in the whole of the unit or, as the case may be, in the whole of the part of it to which the notice relates.
(3) Subject to section 159(4), “other relevant land” in subsection (2) means—
(a) if the blight notice is served only in respect of part of land comprised in the agricultural unit, the remainder of it; and
(b) land which is comprised in any other agricultural unit occupied by the claimant on the date of service and in respect of which he is then entitled to an owner’s interest as defined in section 168(4).
(1) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of section 158 shall include the ground that the claim made in the notice is not justified.
(2) Objection shall not be made to a blight notice served by virtue of section 158 on the grounds mentioned in section 151(4)(c) unless it is also made on the grounds mentioned in subsection (1).
(3) The Lands Tribunal shall not uphold an objection to a notice served by virtue of section 158 on the grounds mentioned in section 151(4)(c) unless it also upholds the objection on the grounds mentioned in subsection (1).
(4) Where objection is made to a blight notice served by virtue of section 158 on the ground mentioned in subsection (1) and also on those mentioned in section 151(4)(c), the Lands Tribunal, in determining whether or not to uphold the objection, shall treat that part of the affected area which is not specified in the counter-notice as included in “other relevant land” as defined in section 158(3).
(5) If the Lands Tribunal upholds an objection but only on the ground mentioned in subsection (1), the Tribunal shall declare that the blight notice is a valid notice in relation to the affected area but not in relation to the unaffected area.
(6) If the Tribunal upholds an objection both on the ground mentioned in subsection (1) and on the grounds mentioned in section 151(4)(c) (but not on any other grounds) the Tribunal shall declare that the blight notice is a valid notice in relation to the part of the affected area specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in that notice but not in relation to any other part of the affected area or in relation to the unaffected area.
(7) In a case falling within subsection (5) or (6), the Tribunal shall give directions specifying a date on which notice to treat (as mentioned in sections 154 and section 160) is to be deemed to have been served.
(8) Section 153(6) shall not apply to any blight notice served by virtue of section 158.
(1) In relation to a blight notice served by virtue of section 158—
(a) subsection (2) of section 154 shall have effect as if for the words “or in the case of an agricultural unit the interest of the claimant in so far as it subsists in the affected area” there were substituted the words “or agricultural unit”; and
(b) subsections (4) and (5) of that section shall not apply to any such blight notice.
(2) Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 159(1), then if either—
(a) the claimant, without referring that objection to the Lands Tribunal and before the time for so referring it has expired, gives notice to the appropriate authority that he withdraws his claim as to the unaffected area; or
(b) on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 159(5),
the appropriate authority shall be deemed—
(i) to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the affected area (but not in so far as it subsists in the unaffected area), and
(ii) to have served a notice to treat in respect of it on the date mentioned in subsection (3).
(3) The date referred to in subsection (2)—
(a) in a case falling within paragraph (a) of subsection (2), is the date on which notice is given in accordance with that paragraph; and
(b) in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 159(7).
(4) Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 159(1) and also on the grounds mentioned in section 151(4)(c), then if either—
(a) the claimant, without referring that objection to the Lands Tribunal and before the time for so referring it has expired—
(i) gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the affected area specified in the counter-notice, and
(ii) withdraws his claim as to the remainder of that area and as to the unaffected area; or
(b) on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 159(6) in respect of that part of the affected area,
the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the affected area specified in the counter-notice (but not in so far as it subsists in any other part of that area or in the unaffected area) and to have served a notice to treat in respect of it on the date mentioned in subsection (5).
(5) The date referred to in subsection (4)—
(a) in a case falling within paragraph (a) of that subsection, is the date on which notice is given in accordance with that paragraph; and
(b) in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 159(7).
(6) In relation to a blight notice served by virtue of section 158 references to “the appropriate authority” and “the appropriate enactment” shall be construed as if the unaffected area of an agricultural unit were part of the affected area.
(1) In relation to any time after the death of a person who has served a blight notice, sections 151(1), 152(1), 153(1), 154(4) and (5), 156(1) and 160(2) and (4) shall apply as if any reference in them to the claimant were a reference to the claimant’s personal representatives.
(2) Where the whole or part of a hereditament or agricultural unit is comprised in blighted land and a person claims that—
(a) he is the personal representative of a person (“the deceased”) who at the date of his death was entitled to an interest in that hereditament or unit;
(b) the interest was one which would have been a qualifying interest if a notice under section 150 had been served in respect of it on that date;
(c) he has made reasonable endeavours to sell that interest;
(d) in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in blighted land, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land; and
(e) one or more individuals are (to the exclusion of any body corporate) beneficially entitled to that interest,
he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, this Chapter.
(3) Subject to subsection (4), subsection (2) shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the whole of a hereditament or agricultural unit.
(4) Subsection (3) shall not enable any person—
(a) if the deceased was entitled to an interest in the whole of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of the deceased’s interest in part of the hereditament or unit; or
(b) if the deceased was entitled to an interest only in part of the hereditament or agricultural unit, to make or serve any such claim or notice in respect of the deceased’s interest in less than the whole of that part.
(5) Subject to sections 151(7) and 159(2) and (3), the grounds on which objection may be made in a counter-notice under section 151 to a notice under this section are those specified in paragraphs (a) to (c) of subsection (4) of that section and, in a case to which it applies, the grounds specified in paragraph (d) of that subsection and also the following grounds—
(a) that the claimant is not the personal representative of the deceased or that, on the date of the deceased’s death, the deceased was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates;
(b) that (for reasons specified in the counter-notice) the interest of the deceased is not such as is specified in subsection (2)(b);
(c) that the conditions specified in subsection (2)(c), (d) or (e) are not satisfied.
(1) Where the whole or part of a hereditament or agricultural unit is comprised in blighted land and a person claims that—
(a) he is entitled as mortgagee (by virtue of a power which has become exercisable) to sell an interest in the hereditament or unit, giving immediate vacant possession of the land;
(b) he has made reasonable endeavours to sell that interest; and
(c) in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in blighted land, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land,
then, subject to the provisions of this section, he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, this Chapter.
(2) Subject to subsection (3), subsection (1) shall apply in relation to an interest in part of a hereditament or unit as it applies in relation to an interest in the whole of a hereditament or unit.
(3) Subsection (2) shall not enable a person—
(a) if his interest as mortgagee is in the whole of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of any interest in part of the hereditament or unit; or
(b) if his interest as mortgagee is only in part of a hereditament or agricultural unit, to make or serve any such notice or claim in respect of any interest in less than the whole of that part.
(4) Notice under this section shall not be served unless the interest which the mortgagee claims he has the power to sell—
(a) could be the subject of a notice under section 150 served by the person entitled to it on the date of service of the notice under this section; or
(b) could have been the subject of such a notice served by that person on a date not more than six months before the date of service of the notice under this section.
(5) Subject to sections 151(7) and 159(2) and (3), the grounds on which objection may be made in a counter-notice under section 151 to a notice under this section are those specified in paragraphs (a) to (c) of subsection (4) of that section and, in a case to which it applies, the grounds specified in paragraph (d) of that subsection and also the following grounds—
(a) that, on the date of service of the notice under this section, the claimant had no interest as mortgagee in any part of the hereditament or agricultural unit to which the notice relates;
(b) that (for reasons specified in the counter-notice) the claimant had not on that date the power referred to in subsection (1)(a);
(c) that the conditions specified in subsection (1)(b) and (c) are not fulfilled;
(d) that (for reasons specified in the counter-notice) neither of the conditions specified in subsection (4) was, on the date of service of the notice under this section, satisfied with regard to the interest referred to in that subsection.
(1) No notice shall be served under section 150 or 161 in respect of a hereditament or agricultural unit, or any part of it, at a time when a notice already served under section 162 is outstanding with respect to it, and no notice shall be served under section 162 at a time when a notice already served under section 150 or 161 is outstanding with respect to the relevant hereditament, unit or part.
(2) For the purposes of subsection (1), a notice shall be treated as outstanding with respect to a hereditament, unit or part—
(a) until it is withdrawn in relation to the hereditament, unit or part; or
(b) in a case where an objection to the notice has been made by a counter-notice under section 151, until either—
(i) the period of two months specified in section 153 elapses without the claimant having required the objection to be referred to the Lands Tribunal under that section; or
(ii) the objection, having been so referred, is upheld by the Tribunal with respect to the hereditament, unit or part.
(1) This section shall have effect for the purposes of the application of this Chapter to a hereditament or agricultural unit occupied for the purposes of a partnership firm.
(2) Occupation for the purposes of the firm shall be treated as occupation by the firm, and not as occupation by any one or more of the partners individually, and the definitions of “owner-occupier” in section 168(1) and (2) shall apply in relation to the firm accordingly.
(3) If, after the service by the firm of a blight notice, any change occurs (whether by death or otherwise) in the constitution of the firm, any proceedings, rights or obligations consequential upon that notice may be carried on or exercised by or against, or, as the case may be, shall be incumbent upon, the partners for the time being constituting the firm.
(4) Nothing in this Chapter shall be construed as indicating an intention to exclude the operation of the definition of “person” in Schedule 1 to the [1978 c. 30.] Interpretation Act 1978 (by which, unless the contrary intention appears, “person” includes any body of persons corporate or unincorporate) in relation to any provision of this Chapter.
(5) Subsection (2) shall not affect the definition of “resident owner-occupier” in section 168(3).
(1) Where a blight notice has been served in respect of land falling within paragraph 7, 8 or 9 of Schedule 13, then until such time as a development corporation is established for the new town or, as the case may be, an urban development corporation is established for the urban development area the Secretary of State shall have power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.
(2) Where the Secretary of State acquires an interest under subsection (1), then—
(a) if the land is or becomes land within paragraph 8 or, as the case may be, paragraph 9(b) of Schedule 13, the interest shall be transferred by him to the development corporation established for the new town or, as the case may be, the urban development corporation established for the urban development area; and
(b) in any other case, the interest may be disposed of by him in such manner as he thinks fit.
(3) The [1961 c. 33.] Land Compensation Act 1961 shall have effect in relation to the compensation payable in respect of the acquisition of an interest by the Secretary of State under subsection (1) as if—
(a) the acquisition were by a development corporation under the [1981 c. 64.] New Towns Act 1981 or, as the case may be, by an urban development corporation under Part XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980;
(b) in the case of land within paragraph 7 of Schedule 13, the land formed part of an area designated as the site of a new town by an order which has come into operation under section 1 of the New Towns Act 1981; and
(c) in the case of land within paragraph 9(a) of Schedule 13, the land formed part of an area designated as an urban development area by an order under section 134 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 which has come into operation.
(1) The provisions of sections 151(4)(c), 153(6), 154(4) and (5) and 155(3) and (4) relating to hereditaments shall not affect—
(a) the right of a claimant under section 92 of the [1845 c. 18.] Lands Clauses Consolidation Act 1845 to sell the whole of the hereditament or, in the case of an agricultural unit, the whole of the affected area, which he has required the authority to purchase; or
(b) the right of a claimant under section 8 of the [1965 c. 56.] Compulsory Purchase Act 1965 to sell (unless the Lands Tribunal otherwise determines) the whole of the hereditament or, as the case may be, affected area which he has required that authority to purchase.
(2) In accordance with subsection (1)(b), in determining whether or not to uphold an objection relating to a hereditament on the grounds mentioned in section 151(4)(c), the Lands Tribunal shall consider (in addition to the other matters which they are required to consider) whether—
(a) in the case of a house, building or factory, the part proposed to be acquired can be taken without material detriment to the house, building or factory; or
(b) in the case of a park or garden belonging to a house, the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house.
Town and Country Planning Act 1990