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← The Planning Blight (Compensation) (Northern Ireland) Order 1981

The Planning Blight (Compensation) (Northern Ireland) Order 1981 art 10

The Planning Blight (Compensation) (Northern Ireland) Order 1981 art 10

art 10 Objection to blight notice requiring purchase of whole agricultural unit

(1) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of Article 9 shall include the ground that the claim made in the notice is not justified. (2) Objection shall not be made to a blight notice served by virtue of Article 9 on the ground mentioned in Article 6(2)(c) unless it is also made on the ground mentioned in paragraph (1); and the Lands Tribunal shall not uphold an objection to any such notice on the ground mentioned in Article 6(2)(c) unless it also upholds the objection on the ground mentioned in paragraph (1). (3) Where objection is made to a blight notice served by virtue of Article 9 on the ground mentioned in paragraph (1) and also on that mentioned in Article 6(2)(c), the Lands Tribunal, in determining whether or not to uphold the objection, shall treat that part of the affected area which is not specified in the counter-notice as included in “other relevant land” as defined in Article 9(2). (4) If the Land Tribunal upholds an objection but only on the ground mentioned in paragraph (1), the Tribunal shall declare that the blight notice is a valid notice in relation to the affected area but not in relation to the unaffected area. (5) If the Tribunal upholds an objection both on the ground mentioned in paragraph (1) and on that mentioned in Article 6(2)(c) (but not on any other ground) the Tribunal shall declare that the blight notice is a valid notice in relation to the part of the affected area specified in the counter-notice as being the part which the appropriate authority proposes to acquire as therein mentioned but not in relation to any other part of the affected area or in relation to the unaffected area. (6) Article 7(6) shall not apply to any blight notice served by virtue of Article 9.

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