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Leeds Supertram Act 1993 (c. xv)

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SCHEDULES

Section 6 (1).

SCHEDULE 1Authorised works

Part IDescription of works specifically authorised

In the City of Leeds—

  • Work No. 1—A railway (1,160 metres in length) commencing in Cookridge Street immediately south of its junction with St. Ann Street, forming double lines of tramway passing southwards along Cookridge Street, across The Headrow, then along Park Row and eastwards along Boar Lane, then southwards along Briggate, under the existing Briggate Railway Bridge, along Bridge End over the existing bridge over the River Aire (Leeds Bridge), along Hunslet Road and terminating 11 metres south of the junction of Hunslet Road with Waterloo Street;

  • Work No. 2—A railway (1,115 metres in length) commencing by a junction with Work No. 1 at its termination, passing south-eastwards on the south-western side of Waterloo Street and of Bowman Lane (to be realigned, Work No. 2A), then southwards across Crown Point Road and Black Bull Street, then on the western side of Chadwick Street (to be realigned, Work No. 2B), passing across that street at two places, then across Carlisle Road at a point 76 metres east of its junction with Sayner Lane, then across Sayner Lane (to be stopped up) at a point 116 metres south-east of its junction with Sayner Road, and terminating on the northern side of South Accommodation Road at a point 20 metres east of the junction of that road with Hunslet Road;

  • Work No. 2A—A realignment of Bowman Lane commencing at a point 68 metres south-east of its junction with Kendell Street and terminating at its junction with Crown Point Road;

  • Work No. 2B—A realignment of Chadwick Street commencing 135 metres south of the point at which Chadwick Street turns westwards towards Black Bull Street and terminating 6 metres west of the point at which Chadwick Street turns south-westwards towards Hunslet Road;

  • Work No. 2C—A railway (275 metres in length) commencing by a junction with Work No. 2 on the southern side of Carlisle Road, passing eastwards then southwards across Sayner Lane (to be stopped up) at a point 161 metres south-east of its junction with Sayner Road, and terminating 11 metres north of a point on the northern side of South Accommodation Road 75 metres east of its junction with Hunslet Road, together with depot facilities;

  • Work No. 3—A railway (2,220 metres in length) commencing by a junction with Work No. 2 at its termination, forming double lines of tramway (400 metres in length), passing southwards across South Accommodation Road, then along the southbound carriageway of Hunslet Road, then across Hunslet Road from a point 30 metres north of its junction with Forster Street to a point 75 metres north of its junction with Joseph Street, continuing south-eastwards along the western side of Hunslet Road and of Low Road, across Joseph Street and Epworth Place (vehicular rights to be stopped up in both such roads), turning south-westwards to a point on the northern side of Church Street 46 metres south-west of its junction with Low Road, there forming double lines of tramway (1,365 metres in length) south-westwards along Church Street, then southwards along Balm Road (to be widened at its junction with Church Street) over the existing bridge over the Altofts Junction to Leeds Railway, along the southbound carriageway of Belle Isle Road (vehicular rights to be stopped up), under the existing M1 motorway bridge over that road, and terminating at a point 4 metres south of the junction of Belle Isle Road with South View Road, including a raising of the level of the said carriageway of Belle Isle Road between a point 90 metres north of the said motorway bridge and a point 95 metres south of that bridge;

  • Work No. 3A—A realignment of Hillidge Road commencing at a point 80 metres north of its junction with Joseph Street and terminating on the northern side of Joseph Street at a point 22 metres west of its junction with Hunslet Road;

  • Work No. 3B—A new road commencing by a junction with Epworth Place at its southernmost point and terminating by a junction with Whitfield Way at its northernmost point;

  • Work No. 3C—A widening of Balm Road on its eastern side between its junction with Church Street and its junction with Midland Road;

  • Work No. 3D—A diversion of Anchor Street commencing at a point 60 metres north-west of the existing junction of that road with Church Street and terminating by a new junction with Church Street at a point 34 metres west of that existing junction;

  • Work No. 3E—A widening of Church Street on its northern side between a point 53 metres north-east of its existing junction with Anchor Street and its new junction with that road forming part of Work No. 3D;

  • Work No. 3F—A widening of Church Street on its northern side between a point 130 metres west of its existing junction with Anchor Street and its said new junction with that road;

  • Work No. 3G—A widening of Balm Road on its eastern side between its junctions with Telford Terrace and Woodhouse Hill Road;

  • Work No. 3H—A new road commencing by a junction with Woodhouse Hill Terrace 37 metres south of the junction of that road with Woodhouse Hill Road and terminating by a junction with Braithwaite Row at a point 30 metres north-east of the junction of that road with Belle Isle Road;

  • Work No. 3J—A widening of Belle Isle Road on its western side between points 22 and 107 metres north of its junction with West Grange Drive;

  • Work No. 4—A railway (1,905 metres in length) commencing by a junction with Work No. 3 at its termination, forming double lines of tramway (443 metres in length) passing to the central reservation of Belle Isle Road at its junction with East and West Grange Drive and continuing southwards along Belle Isle Road to the central island of the roundabout at Belle Isle Circus, passing across that central island, there forming double lines of tramway (1,327 metres in length) continuing southwards along the central reservation of Belle Isle Road and terminating on the northern side of the central island of the roundabout at the junction of Belle Isle Road and Ring Road Middleton;

  • Work No. 4A—A diversion of Ring Road Middleton (north-eastern), commencing by a junction with that road at a point 55 metres west of its junction with Nesfield Road and terminating by a junction with the gyratory road of that last-mentioned roundabout at a point 58 metres south-east of the junction of Belle Isle Road with that gyratory road;

  • Work No. 5—A railway (1,590 metres in length) commencing by a junction with Work No. 4 at its termination, passing southwards then south-westwards across the central island of that last-mentioned roundabout, across the south-western gyratory road of that roundabout and its slip road to Ring Road Middleton, passing on the south-eastern side of Ring Road Middleton (south-eastern) across the roundabout at the junction of Sharp Lane and Ring Road Middleton, then across that road and continuing on the northern side of Ring Road Middleton, across Lingwell Road, then continuing on land between Middleton Park Road (southern) and Middleton Park Road (northern), turning south at Middleton Park Circus, across Middleton Park Road (southern) and terminating on the northern side of Middleton Park Circus (southern) at its junction with Middleton Park Avenue;

  • Work No. 6—A railway (985 metres in length) commencing by a junction with Work No. 5 at its termination, forming double lines of tramway passing southwards along Middleton Park Avenue and terminating at a point 25 metres north of the existing junction of that road with Thorpe Lane;

  • Work No. 6A—A widening of Middleton Park Avenue on its eastern side at its junction with Throstle Road between a point 65 metres south of its junction with Throstle Lane and a point on the northern side of Throstle Road 40 metres east of its junction with Middleton Park Avenue;

  • Work No. 7—A railway (1,630 metres in length) commencing bya junction with Work No. 6 at its termination, passing south-westwards on the north-western side of Thorpe Lane (to be realigned at its junction with Middleton Park Avenue) to a point 290 metres north-east of its junction with Dunningley Lane, there forming double lines of tramway (505 metres in length), passing south-westwards along Thorpe Lane, over the bridge carrying that road over the M62 motorway, then along the A654 road to a point 65 metres south-west of the junction of that road with Thorpe Lane continuing on the western side of that road, then turning westwards and terminating 24 metres east of the eastern side of Spink Well Lane at a point 62 metres north of its junction with the A650 Bradford Road;

  • Work No. 7A—A realignment of Thorpe Lane south of its existing line at its junction with Middleton Park Avenue commencing at a point 94 metres east of that existing road junction and terminating at a point 340 metres west of that junction;

  • Work No. 7B—A new road commencing by a junction with Thorpe Lane (Work No. 7A) and terminating by a junction with Thorpe Mount at a point 20 metres north of that junction;

  • Work No. 7C—A new road commencing by a junction with Thorpe Lane (Work No. 7A) and terminating by a junction with Thorpe Garth at a point 21 metres north of that junction;

  • Work No. 7D—A new road commencing by a junction with the A650 Bradford Road 78 metres west of the junction of that road with the A654 road and terminating at a point 34 metres northwards therefrom, forming the road access to a car park to be provided;

  • Work No. 8—A railway (950 metres in length) commencing by a junction with Work No. 3 at a point in Balm Road 120 metres north of its junction with Telford Terrace, forming double lines of tramway (105 metres in length), passing south-eastwards along a new road (Work No. 8C) to the termination of that road, then passing on the south-western side of sidings forming part of the Altofts Junction to Leeds Railway, then under the existing bridge carrying Pepper Road over that railway, on the south-western side of that railway, and terminating at a point 48 metres north-west of the western side of the existing bridge carrying Wakefield Road over that railway;

  • Work No. 8A—A railway (109 metres in length) commencing by a junction with the Altofts Junction to Leeds Railway at a point 112 metres north-west of the western side of the bridge carrying Pepper Road over that railway and terminating by a junction with that railway at a point 2 metres north-west of that side of that bridge;

  • Work No. 8B—A railway (368 metres in length), commencing by a junction with Work No. 8 at a point 200 metres from its commencement, passing on the formation of sidings forming part of the Altofts Junction to Leeds Railway to the north-east of Work No. 8, and terminating by a junction with Work No. 8 at a point 35 metres north-west of the western side of the bridge carrying Pepper Road over that railway, together with depot facilities;

  • Work No. 8C—A new road commencing by a junction with Balm Road at a point 105 metres north of its junction with Telford Terrace, passing eastwards and terminating 82 metres from its commencement at a point 65 metres north of the point at which Telford Terrace turns westwards towards Balm Road;

  • Work No. 9—A railway (675 metres in length) commencing by a junction with Work No. 8 at its termination, passing southwards, south-westwards and south-eastwards, under Westbury Place North by a bridge at a point 22 metres west of its junction with Wakefield Road, across the southbound exit slip road at Junction 43 of the M1 motorway, under the existing bridge carrying that motorway at that junction, across the northbound entry slip road at that junction, and terminating 120 metres north-west of the junction of the A61 road with the northbound exit slip road at the said Junction 43, at a car park and interchange terminus to be provided, including the said bridge under Westbury Place North;

  • Work No. 9A—A new road commencing by a junction with the gyratory road on the south-western side of the roundabout at Junction 43 of the M1 motorway at a point 45 metres north-west of the junction of the A61 road with that gyratory road, passing for a distance of 885 metres southwards, westwards and northwards within the said car park and interchange terminus and terminating at a point 100 metres north-west of the said junction of the A61 road with that gyratory road;

  • Work No. 9B—A new road, commencing by a junction with the A61 road at a point 25 metres north of its junction with the northbound exit slip road at Junction 43 of the M1 motorway, passing north-westwards within the said car park and interchange terminus, across Work No. 9A and terminating at a point 145 metres from its commencement.

Part II[Section 7 (1).] Description of further works and powers

The Executive may, in the City of Leeds—

(a)
(i)

form a new kerbline across Cookridge Street near its junction with St. Ann Street, between the points marked A1 and A2 on the deposited plans;

(ii)

form a new kerbline across Cookridge Street at its junction with The Headrow, between the points marked A3 and A4 on the deposited plans;

(iii)

stop up vehicular rights in so much of Cookridge Street, between its junctions with St. Ann Street and The Headrow, as lies between the kerblines specified in sub-paragraphs (i) and (ii) above;

(iv)

set back the kerbline on the south-western side of the junction of Park Row with The Headrow, between the points marked A5 and A6 on the deposited plans;

(v)

set back the kerbline on the south-eastern side of the said junction of Park Row with The Headrow, between the points marked A7 and A8 on the deposited plans;

(vi)

set forward the kerbline on the northern side of South Parade at its junction with Park Row, between the points marked A9 and A10 on the deposited plans;

(vii)

alter the kerbline on the southern side of South Parade at its junction with Park Row, between the points marked A11 and A12 on the deposited plans;

(viii)

form a new kerbline across Park Row at its junction with Infirmary Street and on the south-eastern side of City Square (north) at that junction, between the points marked A13 and A14 on the deposited plans;

(ix)

form a new kerbline across Park Row at its junction with Boar Lane and City Square, between the points marked A15 and A16 on the deposited plans;

(x)

stop up vehicular rights on so much of Park Row, between its junction with Infirmary Street and Boar Lane, as lies between the kerblines specified in sub-paragraphs (viii) and (ix) above;

(xi)

alter the kerblines on the southern side of Boar Lane and the western side of Briggate at the junction of those roads, between the points marked A19 and A20 on the deposited plans;

(xii)

set back the kerblines on the western side of Briggate, between the following points marked on the deposited plans:—

  • A20 and A21,

  • A22 and A23;

(xiii)

set forward the kerbline on the southern side of Duncan Street and the eastern side of Briggate at the junction of those roads, between the points marked A24 and A25 on the deposited plans

(xiv)

set back the kerblines on the eastern side of Briggate, between the following points marked on the deposited plans:—

  • A25 and A26,

  • A27 and A28;

(b)
(i)

stop up and discontinue so much of Bowman Lane, between its junctions with Waterloo Street and Crown Point Road, as lies between the points marked B3 and B4 on the deposited plans;

(ii)

stop up and discontinue so much of Chadwick Street as lies between the points marked B5 and B6 on the deposited plans;

(iii)

stop up and discontinue so much of Sayner Lane as lies between the points marked B1 and B2 on the deposited plans;

(c)
(i)

discontinue and remove the footbridges over South Accommodation Road and Hunslet Road between the points marked C3, C4 and C5 on the deposited plans;

(ii)

set back and otherwise alter the kerbline on the western side of Hunslet Road, between the points marked C1 and C2 on the deposited plans;

(iii)

set back the kerbline on the northern side of Pym Street at its junction with Hunslet Road, between the points marked C37 and C38 on the deposited plans;

(iv)

stop up vehicular rights of access to Pym Street at its junction with Hunslet Road and form a new kerbline across Pym Street, between the points marked C39 and C40 on the deposited plans;

(v)

discontinue and remove the footbridges over Hunslet Distributor Road and over Hunslet Road, between the points marked C7, C8, C9 and C10 on the deposited plans;

(vi)

set back and otherwise alter the footway and kerbline on the western side of Hunslet Road, between points marked C11 and C12 on the deposited plans;

(vii)

stop up and discontinue so much of Hillidge Road as lies between the points marked C41 and C13 on the deposited plans;

(viii)

stop up vehicular rights in so much of Joseph Street as lies between the points marked C12 and C13 on the deposited plans;

(ix)

form a new kerbline across Epworth Place between the points marked C42 and C14 on the deposited plans;

(x)

stop up vehicular rights in so much of Epworth Place as lies between the new kerbline specified in sub-paragraph (ix) above and the point marked C15 on the deposited plans;

(xi)

set forward the footway and kerbline on the western side of Hunslet Road and Low Road, between the points marked C12 and C16 on the deposited plans;

(xii)

stop up and discontinue highway rights on the western side of Hunslet Road and Low Road, between the points marked C16A and C16 on the deposited plans;

(xiii)

set back and otherwise alter the kerbline on the southern side of Church Street, near its junction with Belinda Street, between the points marked C17 and C18 on the deposited plans;

(xiv)

stop up and discontinue the footpath on the southern side of Church Street, near its junction with Belinda Street, between the points marked C17A and C17B on the deposited plans;

(xv)

set back the footway and kerbline on the northern side of Church Street, at its junction with Anchor Street, between the points marked C19 and C20 on the deposited plans;

(xvi)

stop up and discontinue so much of Anchor Street, at its junction with Church Street, as lies between the points marked C23 and C24 on the deposited plans;

(xvii)

set back the footway and kerbline on the northern side of Church Street, near its junction with Anchor Street, between the points marked C21 and C22 on the deposited plans;

(xviii)

set back the footway and kerbline on so much of the eastern side of Balm Road, between its junctions with Church Street and Midland Road, as lies between the points marked C25 and C26 on the deposited plans;

(xix)

set back the kerbline on so much of the western side of Balm Road, north of the bridge carrying that road over the Altofts Junction to Leeds Railway, as lies between the points marked C27 and C28 on the deposited plans;

(xx)

set back the footway and kerbline on so much of the eastern side of Balm Road, between its junctions with Telford Gardens and Woodhouse Hill Road, as lies between the points marked C29 and C30 on the deposited plans;

(xxi)

subject to the completion of the new road (Work No. 3H), stop up vehicular rights of access to Braithwaite Row at its junction with Belle Isle Road, and form a new kerbline across Braithwaite Row between the points marked C31 and C32 on the deposited plans;

(xxii)

stop up vehicular rights in so much of the southbound carriageway of Belle Isle Road, at the bridge carrying the M1 motorway over that road, as lies between the points marked C32 and C43 on the deposited plans;

(xxiii)

set back the kerbline on the western side of Belle Isle Road, south of the bridge carrying the M1 motorway over that road, between the points marked C33 and C34 on the deposited plans;

(xxiv)

set back the footway and kerbline on the western side of Belle Isle Road at and north of its junction with West Grange Drive, between the points marked C35 and C36 on the deposited plans;

(d)
(i)

set back the kerbline on the western side of Belle Isle Road, between its junctions with West Grange Drive and Winrose Avenue and south of its junction with Winrose Avenue, between the points marked D1 and D2 on the deposited plans;

(ii)

set back the kerbline on the eastern side of Belle Isle Road, and at its junction with East Grange Drive, between the points marked D3 and D4 on the deposited plans;

(iii)

close the crossing places in the central reservation of Belle Isle Road at the following points marked on the deposited plans:—

  • D5,

  • D6,

  • D15,

  • D16,

  • D29;

(iv)

stop up and discontinue so much of the footpath on the central island of the roundabout at Belle Isle Circus as lies between the points marked D6A and D6B on the deposited plans, substituting therefor a new footpath between the points so marked D6A, D6C and D6B;

(v)

set back the kerblines on the eastern side of Belle Isle Road, at its junction with Windmill Road, between the following points marked on the deposited plans:—

  • D7 and D8,

  • D9 and D10;

(vi)

set back the kerbline on the western side of Belle Isle Road, at its junction with Windmill Road, between the following points marked on the deposited plans:—

  • D11 and D12,

  • D13 and D14;

(vii)

form a new crossing place in the central reservation of Belle Isle Road, near its junction with Middleton Road, at the point marked D17 on the deposited plans;

(viii)

set back the kerbline on so much of the western side of Belle Isle Road, north of its junction with Aberfield Gate, as lies between the points marked D18 and D19 on the deposited plans;

(ix)

set back the kerblines on the eastern side of Belle Isle Road, at its junction with Nesfield View, between the following points marked on the deposited plans:—

  • D20 and D21,

  • D22 and D23;

(x)

form a new footway and kerbline on the western side of Belle Isle Road at its junction with Town Street, between the points marked D24 and D25 on the deposited plans;

(xi)

stop up vehicular rights of access to the northern carriageway of Town Street, at its junction with Belle Isle Road, at the point marked D26 on the deposited plans;

(xii)

set back the footway and kerbline on the western side of Belle Isle Road, at its junction with Town Street, between the points marked D27 and D28 on the deposited plans;

(xiii)

stop up vehicular rights in so much of Ring Road Middleton, east of its eastern junction with Belle Isle Road, as lies between the points marked D30 and D31 on the deposited plans;

(e)
(i)

stop up and discontinue so much of the footpath on the north-western side of Ring Road Middleton, near its junction with Sharp Lane, as lies between the following points marked on the deposited plans:—

  • E1A and E1B,

  • E1C and E1D,

substituting therefor a new footpath between the points so marked E1A and E1E;

(ii)

stop up and discontinue so much of Middleton Park Road, between its junctions with Staithe Avenue and Ring Road Middleton, as lies between the points marked E1 and E2 on the deposited plans;

(iii)

stop up and discontinue so much of the service road between Ring Road Middleton and Middleton Park Road, near Hopewell View, as lies between the points marked E3 and E4 on the deposited plans;

(iv)

set back so much of the kerblines on the southern side of Ring Road Middleton and Middleton Park Road, and at their junction with Lingwell Road, as lies between the following points marked on the deposited plans:—

  • E5 and E6,

  • E7 and E8;

(v)

stop up and discontinue so much of Middleton Park Road (northern) as lies between the points marked E9 and E10 on the deposited plans;

(vi)

stop up and discontinue so much of Middleton Park Road (northern) as lies between the points marked E11 and E12 on the deposited plans;

(f)
(i)

set back the footway and kerbline on the eastern side of Middleton Park Avenue, at and north of its junction with Throstle Road, between the points marked F1 and F2 on the deposited plans;

(ii)

set back the kerbline on the eastern side of Middleton Park Avenue, between its junctions with Throstle Road and Thorpe Lane, between the points marked F3 and F4 on the deposited plans;

(iii)

set back the kerbline on so much of the western side of Middleton Park Avenue, between its junctions with Sissons Road and Thorpe Lane, as lies between the points marked F5 and F6 on the deposited plans;

(g)

stop up and discontinue so much of Thorpe Lane, between its existing junction with Middleton Park Avenue and a point 260 metres west of that road junction, as lies between the points marked G1 and G2 on the deposited plans;

(h)
(i)

set back so much of the kerbline on the northern side of the southbound exit slip road at Junction 43 of the M1 motorway, and on the north-western side of the gyratory road of the roundabout at that junction, as lies between the points marked H1 and H2 on the deposited plans;

(ii)

set back the inner kerbline of the said gyratory road on the western side of the said roundabout between the points marked H3 and H4 on the deposited plans.

Section 9.

SCHEDULE 2Railway crossings in roads

  • Crown Point Road.

  • Black Bull Street.

  • Chadwick Street east of Black Bull Street.

  • Chadwick Street north-east of Hunslet Road.

  • Carlisle Road.

  • Joseph Street.

  • Epworth Place.

  • Footpaths between Low Road and Whitfield Way.

  • Footpath at Belle Isle Circus.

  • Gyratory road, slip road and footpath on south-western side of roundabout at junction of Ring Road Middleton with Throstle Road.

  • Gyratory road, slip road and footpath on north-eastern side of roundabout at junction of Ring Road Middleton with Sharp Lane.

  • Gyratory road and footpath on western side of roundabout at junction of Ring Road Middleton with Sharp Lane.

  • Footpath on northern side of Ring Road Middleton at Middleton District Centre.

  • Footpaths on northern side of Ring Road Middleton near junction with Staithe Avenue.

  • Lingwell Road between Middleton Park Road (southern) and Middleton Park Road (northern).

  • Footpaths between Middleton Park Road (southern) and Middleton Park Road (northern) near Middleton Park Circus.

  • Middleton Park Road and footpath at Middleton Circus.

  • Footpath on western side of Middleton Park Avenue at junction with Thorpe Lane.

  • Thorpe Mount.

  • Thorpe Garth.

  • Footpath No. 214 between Thorpe Lane and Sissons Wood.

  • Footpath No. 69 between Thorpe Lane and Dunningley Hill Farm.

  • M1 Junction 43 southbound exit slip road.

  • M1 Junction 43 northbound entry slip road.

Section 25 (1) (b).

SCHEDULE 3Additional lands which may be acquired or used

PurposeLocationLands numbered on the deposited plan
(1)(2)(3)
Temporary work areaCookridge Street1
Temporary work areaPark Row4
Site for sub-stationMeadow Lane10
Additional land for depotBetween Brookfield Street and South Accommodation Road26
Removal of footbridgeFootbridge ramp north of South Accommodation Road27
Removal of footbridgeFootbridge ramp south of South Accommodation Road27
Removal of footbridgeFootbridge ramp west of South Accommodation Road/Hunslet Road Junction27
Removal of footbridgeFootbridge ramp north of Hunslet Distributor Road28
Removal of footbridgeFootbridge ramp east of Hunslet Road28A
Removal of footbridgeFootbridge ramp adjacent to Hillidge Road28B
Site for sub-stationBelle Isle Road south of M1 motorway35B
Temporary work areaBelle Isle Circus35
Site for sub-stationThorpe Lane west of Thorpe Garth48
Proposed access to garden centreDisused railway line north-west of Thorpe Lane55

Section 27 (4) (a).

SCHEDULE 4Adaptation of Part I of the Compulsory Purchase Act 1965

1For section 7 of the [1965 c. 56.] Act of 1965 (measure of compensation) there shall be substituted the following:—

7In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had, not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injurious affection of that other land, by the exercise of the powers conferred by this or the special Act..

2For section 8 (1) of the Act of 1965 (protection for vendor against severance of house, garden, etc.) there shall be substituted the following:—

(1)No person shall be required to grant any right over part only—

(a)of any house, building or factory; or

(b)of a park or garden belonging to a house;

if he is willing to sell the whole of the house, building, factory, park or garden, unless the Lands Tribunal determine that—

(i)in the case of a house, building or factory, the part over which the right is proposed to be acquired can be made subject to that right without material detriment to the house, building or factory; or

(ii)in the case of a park or garden, the part over which the right is proposed to be acquired can be made subject to that right without seriously affecting the amenity or convenience of the house;

and, if the Lands Tribunal so determine, the tribunal shall award compensation in respect of any loss due to the acquisition of the right, in addition to its value; and thereupon the party interested shall be required to grant to the acquiring authority that right over that part of the house, building, factory, park or garden.

(1A)In considering the extent of any material detriment to a house, building or factory, or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal shall have regard not only to the right which is to be acquired over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase..

3The following provisions of the Act of 1965 (being provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land):—

  • section 9 (4) (refusal by owners to convey);

  • Schedule 1, paragraph 10 (3) (owners under incapacity);

  • Schedule 2, paragraph 2 (3) (absent and untraced owners); and

  • Schedule 4, paragraphs 2 (3) and 7 (2) (common land);

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

4Section 11 of the Act of 1965 (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff’s warrant in the event of obstruction) shall be modified correspondingly.

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