326Grounds of objection to a blight notice(1)

Ground 1 is that no part of the hereditament or agricultural unit to which the blight notice relates consists of blighted land.

(2)

Ground 2 is that the appropriate authority does not propose, in the exercise of acquiring powers—

(a)

to acquire an interest in any part of the hereditament, or in the case of an agricultural unit, any part of the affected area,

(b)

in the case of land falling within paragraph 27 of Schedule 19, to take temporary possession of any part of the hereditament or area, or

(c)

where the appropriate enactment confers power to acquire rights over land, to acquire an interest in, or to acquire any right over, any part of the hereditament or area.

(3)

Ground 3 is that the appropriate authority—

(a)

proposes, in the exercise of acquiring powers, to acquire an interest in 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

(b)

does not propose—

(i)

to acquire an interest in any other part of that hereditament or area in the exercise of those powers, or

(ii)

where the appropriate enactment confers power to acquire rights over land, to acquire an interest in, or to acquire any right over, any other part of that hereditament or area in the exercise of those powers.

(4)

Ground 4 is, in the case of land falling within paragraph 1, 2 or 12 but not also within paragraph 13, 14 or 15 of Schedule 19, that the appropriate authority does not propose during the relevant period and in the exercise of acquiring powers—

(a)

to acquire an interest in any part of the hereditament or, in the case of an agricultural unit, any part of the affected area, or

(b)

where the appropriate enactment confers power to acquire rights over land, to acquire an interest in, or to acquire any right over, any part of the hereditament or area.

(5)

In subsection (4) “the relevant period” is—

(a)

the period beginning with the day the counter-notice is served and ending with—

(i)

where the land is identified by a relevant development plan (within the meaning given by paragraph 1(2) of Schedule 19), the end of the period specified in the plan as that for which it is to have effect;

(ii)

where the land is identified by the National Development Framework for Wales (within the meaning given by paragraph 2(3) of Schedule 19), the end of the period specified in the Framework as that for which it is to have effect, or

(b)

a longer period, beginning with the day the counter-notice is served, that is specified in the counter-notice.

(6)

Ground 5 is that, on the day the notice was served under section 324, the claimant was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates.

(7)

Ground 6 is that (for reasons specified in the counter-notice) the claimant’s interest is not a qualifying interest.

(8)

Ground 7 is that the condition specified in section 324(3)(c) is not met.

(9)

In this section “acquiring powers” means powers under which the appropriate authority is or could be authorised to acquire an interest in land compulsorily, to take temporary possession of land compulsorily (in the case of land falling within paragraph 27 of Schedule 19) or to acquire any rights over land compulsorily—

(a)

as being land falling within a paragraph of Schedule 19, or

(b)

for a purpose for which, in accordance with the circumstances by virtue of which the land falls within a paragraph of that Schedule, the land is liable to be acquired or is indicated as being proposed to be acquired.

(10)

In this Part references to Grounds 1 to 7 are to the grounds mentioned in this section.