Prospective

PART 13 E+W BLIGHTED LAND

Blight notice requiring purchase of unaffected area of agricultural unit E+W

340 Effect of blight notice where claim in respect of unaffected area and part of affected area withdrawn or rejected E+W

(1) Subsection (3) applies where the appropriate authority has served a counter-notice objecting to a blight notice on Ground 8 and on Ground 3 (but not on any other grounds), and the claimant—

(a) does not refer the objection to the Upper Tribunal, but

(b) before the end of the time for referring it, serves notice on the appropriate authority—

(i) accepting its proposal to acquire an interest in the part of the affected area specified in the counter-notice, and

(ii) withdrawing the blight notice in relation to the rest of that area and the unaffected area.

(2) Subsection (3) also applies where the Upper Tribunal upholds the blight notice under section 337(5) in respect of that part of the affected area specified in the counter-notice, but not in relation to any other part of the affected area or in relation to the unaffected area.

(3) 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 affected area specified in the counter-notice (but not in any other part of that area or in the unaffected area), and

(b) as having served a notice to treat in respect of it on the day mentioned in subsection (4).

(4) The day is—

(a) the day notice is served under subsection (1)(b), or

(b) where subsection (2) applies, the day specified in directions given by the Upper Tribunal under section 337(6).

Commencement Information

I1 S. 340 not in force at Royal Assent, see s. 409(2)