332Blight notice in respect of part of hereditament or unit(1)

Subsection (4) applies where—

(a)

the appropriate authority has served a counter-notice objecting to a blight notice on Ground 3, and

(b)

the first or second condition is met.

(2)

The first condition is that the claimant does not refer the objection to the Upper Tribunal but, before the end of the time for referring it, serves notice on the appropriate authority—

(a)

accepting its proposal to acquire an interest in the part of the hereditament or affected area specified in the counter-notice, and

(b)

withdrawing the blight notice in relation to the rest of that hereditament or area.

(3)

The second condition is that the Upper Tribunal upholds the blight notice under section 329(8) in relation to the part of the hereditament or affected area specified in the counter-notice.

(4)

The appropriate authority is to be treated—

(a)

as being authorised to acquire compulsorily under the appropriate enactment the claimant’s interest in the part of the hereditament or affected area specified in the counter-notice (but not in any other part of the hereditament or area), and

(b)

as having served a notice to treat in respect of that interest on the day mentioned in subsection (5).

(5)

The day is—

(a)

the day notice is served under subsection (2), or

(b)

where subsection (3) applies, the day specified in directions given by the Upper Tribunal under section 329(9).