(1)Section 138(1) of the principal Act (land affected by planning proposals and qualifying for protection under sections 139 to 151 of that Act) shall have effect as if the land specified therein included land which—
(a)is land indicated in a structure plan in force for the district in which it is situated either as land which may be required for the purposes of any functions of a government department, local authority or statutory undertakers, or of the National Coal Board, or as land which may be included in an action area ; or
(b)is land allocated for the purposes of any such functions by a local plan in force for the district or is land defined in such a plan as the site of proposed development for the purposes of any such functions; or
(c)is land in respect of which a compulsory purchase order is in force, where the appropriate authority have power to serve, but have not served, notice to treat in respect of the land ; or
(d)is land on which the Minister of Transport or, in Wales, the Secretary of State proposes to provide a trunk road or a special road and has given to the local planning authority written notice of his intention to provide the road, together with maps or plans sufficient to identify the proposed route of the road.
(2)Subsection (1)(a) above shall not apply to land situated in a district for which a local plan is in force, where that plan—
(a)allocates any land in the district for the purposes of such functions as are mentioned in that paragraph; or
(b)defines any land in the district as the site of proposed development for the purposes of any such functions.
(3)In section 139 of the principal Act (notice requiring purchase of claimant's interest on ground of planning blight), " the relevant date "—
(a)in relation to land mentioned in subsection (1)(c) above, means the date when the order for its compulsory purchase was confirmed or made by the Minister ; and
(b)in relation to land mentioned in subsection (1)(d) above, means the date on which the Minister of Transport or the Secretary of State gave to the local planning authority the written notice specified in that paragraph.
(4)Paragraphs (a) and (b) of subsection (1) above shall have effect instead of paragraphs (a) and (b) of the said section 138(1).
(1)The provisions of this section shall have effect for enabling mortgagees to take advantage of the provisions of sections 138 to 151 of the principal Act (notice requiring purchase by local planning authority on grounds of planning blight).
(2)Where the whole or part of a hereditament or agricultural unit is comprised in land of any of the descriptions contained in paragraphs (b) to (f) of section 138(1) of the principal Act or paragraphs (a) to (d) of section 33(1) of this Act and a person claims that—
(a)that he is entitled as mortgagee (by virtue of a power which has become exercisable) to sell an interest in the hereditament or unit, giving immediate vacant possession of the land; and
(b)since the relevant date (within the meaning of section 139 of the principal Act or, as the case may be, section 33(3) of this Act) he has made reasonable endeavours to sell that interest; and
(c)he has been unable to sell it except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were comprised in land of any of the said descriptions,
then, subject to the provisions of this section, he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, sections 138 to 151 of the principal Act.
(3)Subsection (2) above shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the entirety of a hereditament or agricultural unit:
Provided that this subsection shall not enable a person—
(a)if his interest as mortgagee is in the entirety of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of any interest in part of the hereditament or unit; or
(b)if his interest as mortgagee is only in part of a hereditament or agricultural unit, to make or serve any such notice or claim in respect of any interest in less than the entirety of that part.
(4)Notice under this section shall not be served unless one or other of the following conditions is satisfied with regard to the interest which the mortgagee claims he has the power to sell:—
(a)the interest could be the subject of a notice under section 139 of the principal Act served by the person entitled thereto on the date of service of the notice under this section ; or
(b)the interest could have been the subject of such a notice served by that person on a date not more than six months before the date of service of the notice under this section.
(5)If any question arises which authority are the appropriate authority for the purposes of subsection (2) above, subsection (4)(b) above shall then apply with the substitution for the period of six months of a reference to that period extended by so long as it takes to obtain a determination of the question.
(6)No notice under this section shall be served in respect of a hereditament or agricultural unit, or any part of a hereditament or agricultural unit, at a time when a notice already served under section 139 of the principal Act is outstanding with respect to the hereditament, unit or part; and no notice shall be so served under section 139 of that Act at a time when a notice already served under this section is so outstanding.
(7)For the purposes of subsection (6) above, a notice served under this section or section 139 of the principal Act shall be treated as outstanding with respect to a hereditament or agricultural unit, or to part of a hereditament or agricultural unit, until—
(a)it is withdrawn in relation to the hereditament, unit or part; or
(b)an objection to the notice having been made by a counter-notice under section 140 of the principal Act, either—
(i)the period of two months specified in section 141(1) of the principal Act elapses without the claimant having required the objection to be referred to the Lands Tribunal under that section; or
(ii)the objection, having been so referred to the Lands Tribunal, is upheld by the Tribunal with respect to the hereditament, unit or part.
(8)The grounds on which objection may be made in a counter-notice under section 140 of the principal Act to a notice under this section are those specified in paragraphs (a) to (c) of subsection (2) of that section and, in a case to which section 35(1) below applies, the ground specified in (that subsection and also the following grounds:—
(a)that, on the date of service of the notice under this section, the claimant had no interest as mortgagee in any part of the hereditament or agricultural unit to which the notice relates ;
(b)that (for reasons specified in the counter-notice) the claimant had not on that date the power referred to in subsection (2) (a) above ;
(c)that the conditions specified in subsection (2) (b) and (c) above are not fulfilled ;
(d)that (for reasons specified in the counter-notice) neither of the conditions specified in subsection (4) above was, on the date of service of the notice under this section, satisfied with regard to the interest referred to in that subsection.
(1)Where a blight notice is served under section 139 of the principal Act or section 34 above, then in the case of land—
(a)falling within section 138(1)(c) of the principal Act or section 33(1)(a) of this Act; and
(b)not falling within section 138(1)(e) or (f) of that Act or section 33(1)(d) of this Act,
the grounds on which an objection may be made in a counter-notice under section 140 of the principal Act shall include the grounds that the appropriate authority (unless compelled to do so by virtue of sections 139 to 151 of the principal Act and section 34 above, do not propose to acquire in the exercise of any relevant powers any part of the hereditament or (in the case of an agricultural unit) any part of the affected area during the period of fifteen years from the date of the counter-notice or such longer period from that date as may be specified in the counter-notice.
(2)An objection may not be made as aforesaid on the grounds mentioned in subsection (1) above if it may be made on the grounds mentioned in section 140(2)(b) of the principal Act (objection on the grounds that the appropriate authority do not propose to acquire any part of the hereditament or affected area in question).
(3)An objection on the grounds mentioned in subsection (1) above which is referred to the Lands Tribunal shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.
(4)Section 145(1) and (2) of the principal Act (lapsing of compulsory purchase powers when objection under section 140 of that Act is successful) shall apply in relation to an objection on the said grounds as they apply in relation to an objection on the grounds mentioned in section 140(2)(b) of that Act.
(5)The council of a county, county borough, London borough or county district or the Greater London Council may, subject to such conditions as may be approved by the Minister, advance money to any person for the purpose of enabling him to acquire a hereditament or agricultural unit in respect of which a counter-notice has been served under section 140 of the principal Act specifying the grounds mentioned in subsection (1) above as, or as one of, the grounds of objection, if, in the case of a hereditament, its annual value does not exceed such amount as may be prescribed for the purposes of section 13 8(3) (a) of the principal Act (interests qualifying for protection under that Act).
(6)Paragraph (c) of section 140(2) of the principal Act (objection on the grounds that the appropriate authority propose to acquire part only of the affected area of an agricultural unit) and the following provisions of that Act, that is to say—
sections 141(5) and 142(3) (subsequent proceedings where such an objection made); and
section 145(4) and (5) (lapsing of compulsory purchase powers when objection under section 140 is successful),
shall apply to hereditaments as they apply to any such area, references in those provisions to the affected area being construed as references to the hereditament.
(7)Subsection (6) above shall not affect the right of a claimant under section 92 of the [1845 c. 18.] Lands Clauses Consolidation Act 1845 to sell the whole of the hereditament, or (in the case of an agricultural unit) the whole of the affected area, which he has required the authority to purchase.
(8)Subsection (6) above shall not affect the right of a claimant under section 8 of the [1965 c. 56.] Compulsory Purchase Act 1965 to sell (unless the Lands Tribunal otherwise determines) the whole of the hereditament, or (in the case of an agricultural unit) the whole of the affected area, which he has required the authority to purchase; and accordingly in determining whether or not to uphold an objection relating to a hereditament on the grounds mentioned in paragraph (c) of section 140(2) of the principal Act the Tribunal shall consider (in addition to the other matters which they are required to consider) whether—
(a)in the case of a house, building or manufactory, the part proposed to be acquired can be taken without material detriment to the house, building or manufactory ; or
(b)in the case of a park or garden belonging to a house, the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house.
Where an interest in land is acquired in pursuance of a blight notice and the interest is one—
(a)in respect of which a compulsory purchase order is in force under section 1 of the Act of 1946 (as applied by section 50 of this Act) containing a direction for minimum compensation under section 53 of this Act; or
(b)in respect of which a compulsory purchase order is in force under Part III of the [1957 c. 56.] Housing Act 1957,
the compensation payable for the acquisition shall, in a case falling within paragraph (a) above, be assessed in accordance with the direction mentioned in that paragraph and, in a case falling within paragraph (b) above, be assessed in accordance with Part III of the said Act of 1957, in either case as if the notice to treat deemed to have been served in respect of the interest under section 142 of the principal Act had been served in pursuance of the compulsory purchase order.
(1)Section 143 of the principal Act (exclusion of compensation for severance and disturbance) shall cease to have effect.
(2)The power to make an order under section 138(3)(a) of the principal Act (limit of annual value of hereditament an interest in which qualifies for protection under sections 139 to 151 of that Act) shall be exercisable by statutory instrument, and any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)For a person to be treated under section 149(1) or (3) of the principal Act (definitions for purposes of blight notice provisions) as owneroccupier or resident owner-occupier of a hereditament, his occupation thereof at a relevant time or during a relevant period, if not occupation of the whole of the hereditament, must be or, as the case may be, have been occupation of a substantial part of it.
(4)In subsections (1)(b), (2)(b) and (3)(b) of the said section 149, the period of six months ending not more than six months before the date of service shall in each case be replaced by a period of six months ending not more than twelve months before that date.
(5)If any question arises which authority is the appropriate authority for the purposes of sections 139 to 151 of the principal Act or section 34 of this Act—
(a)section 140(1) of that Act (objection to blight notice) shall have effect as if the reference to the date of service of that notice were a reference to that date or the date on which that question is determined, whichever is the later and
(b)subsections (1)(b), (2)(b) and (3)(b) of section 149 of that Act shall apply with the substitution for the reference to twelve months before the date of service of a reference to that period extended by so long as it takes to obtain a determination of the question.
The provisions of the principal Act specified in Schedule 4 to this Act (being provisions about blight notices and proceedings in connection therewith) shall be amended as shown in that Schedule.