Commentary on provisions of the Act Schedule 10: Acquisition of part of land only
Schedule 10 applies where the Secretary of State proposes only to acquire part of land and invokes the procedure under section 6 (instead of the procedure that would otherwise apply under the Compulsory Purchase Act 1965) under which landowners may seek the whole of their land to be acquired rather than part of it only. Schedule 10 sets out the alternative procedure.
	In cases where the Secretary of State serves a notice to treat in respect of part of an interest in land held by the landowner and invokes the alternative procedure in this Schedule, paragraph 1(1) provides that the landowner has 21 days within which to serve a counter-notice stating that the landowner does not wish to sell the part of the land, but is willing to sell the whole of it.
	Paragraph 1(2) provides that if no such notice is given, the landowner is required to sell the part of the land to which the notice to treat relates.
	However, paragraph 1(3) provides that if the Secretary of State agrees that the whole of the land should be purchased as proposed by the counter-notice, then the notice to treat will apply to the whole of the land as opposed to just the part of it.
	Paragraph 1(4) provides that if the Secretary of State does not agree to take the whole of the land as proposed by the counter-notice, the matter is to be referred to the Upper Tribunal ("the Tribunal").
	Paragraph 2 makes provision for the process by which the Tribunal is to determine whether part of the property or the whole should be acquired. Paragraph 2(1) and (2) relate to cases where the Tribunal determines that only the part of the land contained in the original notice to treat needs to be acquired. These are cases where the Tribunal concludes that the land can be sold without material detriment to the remaining property which the landowner has proposed should be acquired and, where the land which is proposed to be compulsorily acquired is garden land, that it can be taken without seriously affecting the amenity of the house to which it belongs.
	Paragraphs 2(3) and (4) provide that where the Tribunal determines that the part of the land proposed to be compulsorily acquired cannot be taken without material detriment to the remainder of the land but that the material detriment only affects part of the remaining land, the Secretary of State must also acquire the affected part of the remaining land. However, if the land to be compulsorily acquired is garden only land and the Tribunal determines that it cannot be taken without seriously affecting the amenity or convenience of the house, the whole of the land must be taken.
	Paragraph 2(5) provides that if the Tribunal determines that none of the land to be compulsorily acquired can be taken without material detriment to the remaining land, all the remaining land must be taken.
	Paragraph 2(6) defines what constitutes ‘garden only land’. This is land which consists of or includes all or part of a park or garden belonging to a house, but not the house itself.
	Paragraph 3 applies where the Tribunal decides that more or less land should be purchased than was required in a notice to treat. Paragraph 3(1) provides that, should this occur, the Secretary of State may withdraw the notice within 6 weeks of the decision.
	Where a notice is withdrawn paragraph 3(2) provides that compensation is payable to the person on whom the notice is served, should they suffer any loss as a result of the notice’s service and withdrawal. If the amount is not agreed it is to be determined by the Tribunal.
	Paragraph 3(3) provides that, where only part of a house, building, factory or garden is required to be sold the Secretary of State must pay compensation to the landowner for any loss due to the severance of that part as well as the value of the interest acquired.
	Paragraph 3(4) provides that the provisions relating to compulsory acquisition have effect as regards any additional land required to be sold under Schedule 10 regardless of whether the Secretary of State otherwise has power to acquire the land under the provisions of this Act.