PART 13BLIGHTED LAND
Blight notice requiring purchase of unaffected area of agricultural unit
337Upper Tribunal: objection to blight notice including requirement to purchase unaffected area
(1)
If the Upper Tribunal upholds an objection to a blight notice only on Ground 8, it must uphold the blight notice in relation to the affected area but not in relation to the unaffected area.
(2)
Subsections (3) to (6) apply where the grounds for an objection to a blight notice include Ground 8 and Ground 3.
(3)
In determining whether or not to uphold the objection, the Upper Tribunal must treat that part of the affected area that is not specified in the counter-notice as included in “other relevant land” as defined in section 335(3).
(4)
The Upper Tribunal must not uphold the objection on Ground 3 unless it also upholds it on Ground 8.
(5)
If the Upper Tribunal upholds the objection both on Ground 8 and on Ground 3 (but not on any other grounds), it must uphold the blight notice in relation to the part of the affected area specified in the counter-notice as being the part in which the appropriate authority proposes to acquire an interest, but not in relation to any other part of the affected area or in relation to the unaffected area.
(6)
Where subsection (1) or (5) applies, the Upper Tribunal must give directions specifying the day on which a notice to treat (as mentioned in sections 339(3)(b) and 340(3)(b)) is to be treated as having been served.