Prospective
(1)Where an appropriate authority has served a counter-notice objecting to a blight notice, the claimant may refer the objection to the Upper Tribunal.
(2)In the case of a further counter-notice, subsection (1) applies whether or not the objection in the earlier counter-notice was referred.
(3)On a reference of an objection, the Upper Tribunal must consider—
(a)the matters set out in the blight notice, and
(b)the grounds of the objection specified in the counter-notice.
(4)The Upper Tribunal must reject an objection on Ground 2, 3 or 4 unless it is shown to its satisfaction that the objection is well-founded.
(5)The Upper Tribunal must reject an objection on Ground 3 unless it is also satisfied that the specified part of the hereditament or affected area—
(a)in the case of a house, building or factory, 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, can be taken without seriously affecting the amenity or convenience of the house.
(6)The Upper Tribunal must uphold an objection on any other ground specified in the counter-notice unless it is shown to its satisfaction that the objection is not well-founded.
(7)If the Upper Tribunal rejects the objection, it must uphold the blight notice.
(8)If the Upper Tribunal upholds the objection but only on Ground 3, it must uphold the blight notice—
(a)in relation to the specified part of the hereditament or affected area, but
(b)not in relation to any other part of the hereditament or affected area.
(9)Where subsection (7) or (8) applies, the Upper Tribunal must give directions specifying the day on which a notice to treat (as mentioned in sections 331(2)(b) and 332(4)(b)) is to be treated as having been served.
(10)In subsections (5) and (8) “specified part” means the part of the hereditament or the part of the affected area specified in the counter-notice as the part that the appropriate authority proposes to acquire.
Commencement Information
I1S. 329 not in force at Royal Assent, see s. 409(2)