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PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 6

Reference of objection to Lands Tribunal.

6.(1) Where a counter-notice has been served objecting to a blight notice,
the claimant may, within two months of the date of service of the
counter-notice, [refer the objection] to the Lands Tribunal.

(2) On any such reference, if the objection is not withdrawn,
the Lands Tribunal shall consider the matters set out in the blight notice
served by the claimant and the grounds of objection specified in the
counter-notice; and subject to subsection (3), unless it is shown to the
satisfaction of the Tribunal that the objection is not well founded, the
Tribunal shall uphold the objection.

(3) An objection on the ground mentioned in section 5(2)(b), (c) or (g) shall
not be upheld unless it is shown to the satisfaction of the Tribunal that the
objection is well founded.

(4) The Tribunal shall not uphold an objection on the ground mentioned in
section 5(2)(c) if the part of the hereditament which the
appropriate authority proposes to acquire is, or includes, part of a house,
building or factory and the Tribunal is satisfied that that part cannot be
acquired without causing material detriment to the house, building or factory.

(5) If the Tribunal determines not to uphold the objection, it shall declare
the blight notice to which the counter-notice relates as valid.

(6) If the Tribunal upholds the objection, but only on the grounds mentioned
in section 5(2)(c), it shall declare that the notice is a valid notice in
relation to the part of the hereditament [or (in the case of an
agricultural unit) of the affected area] specified in the counter-notice as
the part which the appropriate authority proposes to acquire compulsorily, but
not in relation to any other part.

© 1971 Crown Copyright

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