Compulsory Purchase (Vesting Declarations) Act 1981

Response by acquiring authority to objection to severanceE+W

4(1)Within 3 months after a person has served on an acquiring authority a notice of objection to severance, the authority shall either—E+W

(a)serve notice on him withdrawing the notice to treat deemed to have been served on him in respect of his interest in the land proposed to be severed, or

(b)serve notice on him that the general vesting declaration shall have effect, in relation to his interest in the land proposed to be severed, as if the whole of that land had been comprised in the declaration (and in the compulsory purchase order, if part only of that land was comprised in that order), or

(c)refer the notice of objection to severance to the [F1Upper Tribunal] and notify him that it has been so referred.

(2)Sub-paragraph (1)(a) above has effect notwithstanding section 7(3) of this Act.

5E+WIf the acquiring authority do not take action in accordance with paragraph 4 above within the period allowed by that paragraph then at the end of that period they shall be deemed to have acted in accordance with sub-paragraph (1)(a) of that paragraph.

6E+WWhere in accordance with paragraph 4 or paragraph 5 above the notice to treat deemed to have been served in respect of a person’s interest in the land proposed to be severed is withdrawn, or is deemed to have been withdrawn—

(a)that interest shall not vest in the acquiring authority by virtue of the general vesting declaration, and

(b)If he is entitled to possession of that land, the acquiring authority shall not be entitled by virtue of that declaration to enter upon or take possession of it.

7E+WWhere an acquiring authority take action in accordance with paragraph 4(1)(b) above, the general vesting declaration (and, where applicable, the compulsory purchase order) shall have effect as mentioned in that sub-paragraph, whether apart from this Part of this Schedule the acquiring authority could have been authorised to acquire the interest in question in the whole of the land proposed to be severed or not.

8(1)Where in accordance with paragraph 4(1)(c) above an acquiring authority refer a notice of objection to severance to the [F2Upper Tribunal] , and on that reference the Tribunal determines that the part of the land proposed to be severed which is comprised in the general vesting declaration can be taken—E+W

(a)in the case of a house, building or factory, without material detriment, or

(b)in the case of a park or garden, without seriously affecting the amenity or convenience of the house,

paragraph 3 above shall thereupon cease to have effect in relation to that notice.

(2)In making a determination under this paragraph in any of the cases in sub-paragraph (1)(a) or (b) above the Tribunal shall take into account not only the effect of the severance but also the use to be made of the part proposed to be acquired and, in a case where the part is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

9(1)If on such a reference the [F3Upper Tribunal] does not make a determination in accordance with paragraph 8 above, the Tribunal shall determine the area of that land (being the whole of it or a part of it which includes the part comprised in the general vesting declaration) which the acquiring authority ought to be required to take; and the general vesting declaration shall have effect, in relation to the interest in that area of the person who served the notice of objection to severance, as if the whole of that area had been comprised in the general vesting declaration, whether apart from this Part of this Schedule the acquiring authority could have been authorised to acquire that interest in the whole of that area or not.E+W

(2)Where sub-paragraph (1) above applies, and part of the area determined by the [F4Upper Tribunal] was not comprised in the compulsory purchase order, the general vesting declaration shall have effect as mentioned in that sub-paragraph as if the whole of that area had been comprised in the compulsory purchase order as well as in the declaration.