Part 7: Compulsory Purchase Etc Disputes Part 1 - Amendments to Compulsory Purchase Act 1965
Part 1 of Schedule 17 inserts a new Schedule 2A into the Compulsory Purchase Act 1965, which sets out the process for serving counter-notices requiring the purchase of land not in the notice to treat. (New Schedule 2A does not apply where a notice to treat is deemed to have been served under section 154(5) of the Town and Country Planning Act 1990 in relation to blighted land.)
	Part 1 of Schedule 2A sets out detailed provisions in relation to when a counter-notice can be served, the effect of the counter-notice on the notice of entry, the options available to the acquiring authority to respond to the counter-notice and the effects of accepting a counter-notice or referring it to the Upper Tribunal. Part 1 applies in circumstances where the acquiring authority has served a notice to treat but not taken possession of the land before any counter-notice is served.
	Under Part 1, if an owner serves a counter-notice, any notice of entry served on him in respect of the land proposed to be acquired ceases to have effect (paragraph 6 of new Schedule 2A).
	Where the acquiring authority accepts a counter-notice or decides to refer it to the Upper Tribunal, it may serve a new notice of entry on the owner. If the authority have already served a notice of entry in respect of the land proposed to be acquired, the normal minimum three month notice period does not apply to the new notice of entry in respect of that land (see section 11(1B) of the Compulsory Purchase Act 1965 inserted by section 186(2)(b)). The period specified in any new notice of entry must be a period that ends no earlier than the end of the period in the last notice of entry (paragraph 13 of new Schedule 2A).This enables the acquiring authority to enter the land proposed to be acquired without delay. The normal three month minimum notice period will, however, apply in respect of "the additional land" (where the counter-notice is accepted).
	The procedure in Part 2 of Schedule 2A applies (instead of Part 1) if the acquiring authority has taken possession of part of the claimant's land unlawfully (for instance, because they have not served a notice to treat).
	Part 3 of Schedule 2A deals with the determination of counter-notices referred to the Upper Tribunal by the acquiring authority, the factors that must be taken into account in the determination and the effect of a determination that more land should be acquired.