High Speed Rail (London - West Midlands) Act 2017

2 (1) If, on a reference under paragraph 1(4), the Upper Tribunal determines that the land subject to the notice to treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice, and

(b) where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the house to which the garden only land belongs,

the owner is required to sell the land subject to the notice to treat.

(2) If, on such a reference, the Upper Tribunal determines that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (1), the notice to treat is to be deemed to be a notice to treat for that part.

(3) If, on such a reference, the Upper Tribunal determines—

(a) that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, but

(b) that the material detriment is confined to part of the remainder of that land,

then, except where sub-paragraph (4) applies, the notice to treat is to be deemed to be a notice to treat in addition for the land to which the material detriment is confined.

(4) If, in a case where the land subject to the notice to treat consists of or includes garden only land, the Upper Tribunal determines on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the house to which the garden only land belongs, the notice to treat is to be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(5) If, on such a reference, the Upper Tribunal determines—

(a) that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, and

(b) that the material detriment is not confined to part of the remainder of that land,

the notice to treat is to be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(6) For the purposes of this paragraph, the land subject to the notice to treat consists of or includes “garden only land” if—

(a) it consists of the whole part or part of a park or garden belonging to a house, or

(b) it includes the whole or part of such a park or garden but does not include the house or any part of it.