http://www.legislation.gov.uk/uksi/2014/1821/article/12The Felixstowe Branch Line (Land Acquisition) Order 2014enTRANSPORT AND WORKS, ENGLANDTRANSPORT, ENGLANDStatute Law Database2025-11-25Expert Participation2017-09-21 This Order confers powers on The Felixstowe Dock and Railway Company for the compulsory acquisition of land and interests in land in the Borough of Ipswich and Suffolk Coastal District, Suffolk. The powers are conferred for the purposes of constructing and operating an additional railway line adjacent to part of the existing Felixstowe branch railway line and improvements to certain level crossings on the existing Felixstowe branch railway line. Such works were authorised by the Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512) (“the 2008 Order”). The compulsory acquisition powers conferred by the 2008 Order expired on 14th October 2013. PART 2 12 1 This article applies instead of section 8(1) (other provisions as to divided land) of the 1965 Act (as applied by article 4 (application of Part 1 of the 1965 Act)) in any case where— a a notice to treat is served on a person (“the owner”) under the 1965 Act (as applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and b a copy of this article is served on the owner with the notice to treat. 2 In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat which states that the owner is willing and able to sell the whole (“the land subject to the counter-notice”). 3 If no such counter-notice is served within that period, the owner is required to sell the land subject to the notice to treat. 4 If such a counter-notice is served within that period, the question whether the owner is required to sell only the land subject to the notice to treat is, unless the undertaker agrees to take the land subject to the counter-notice, to be referred to the tribunal. 5 If on such a reference the tribunal determine that the land subject to the notice to treat can be taken— a without material detriment to the remainder of the land subject to the counter-notice; or b in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the owner is required to sell the land subject to the notice to treat. 6 If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken— a without material detriment to the remainder of the land subject to the counter-notice; or b in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the notice to treat is deemed to be a notice to treat for that part. 7 If on such a reference the tribunal determine that— a the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but b the material detriment is confined to a part of the land subject to the counter-notice, the notice to treat is deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order. 8 If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determine that— a none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and b the material detriment is not confined to a part of the land subject to the counter-notice, the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order. 9 In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if the undertaker does so the undertaker must pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal. 10 Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, the undertaker must pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired. Section 8 was amended by S.I. 2009/1307. Art. 12 in force at 29.7.2014, see art. 1