HC Deb 29 November 1973 vol 865 c554

29G.—(1) In lieu of acquiring any land that may be acquired compulsorily under this Act the Council may acquire compulsorily such servitudes and rights in that land as they may require for the purposes of this Act. (2) Accordingly the Council may give notice to treat in respect of any such servitude or right describing the nature thereof and the provisions of the Lands Clauses Acts shall apply in relation to the acquisition of such servitudes and rights as if they were lands within the meaning of those Acts. (3) Where the Council have acquired a servitude or right only in any land under this section—

  1. (a) they shall not be required or (except by agreement) entitled to fence off or sever that land from the adjoining land ; and
  2. (b) the owner or occupier of the land for the time being shall, subject to the servitude or right, have the same right to use and cultivate the land as if this Act had not been passed.
(4) If in his particulars of claim the owner of any land in respect of which notice to treat for a servitude or right is given under this section requires the Council to acquire the land, the Council shall not be entitled to acquire the servitude or right unless the tribunal determines that the servitude or right can be granted without material detriment to the land or, in the case of a park or garden belonging to a house, without seriously affecting the amenity or convenience of the house : Provided that nothing in this subsection shall apply to land forming part of a street. (5) A notice to treat given under this section shall be endorsed with notice of the effect of subsection (4) of this section.—[Mr. Grimond.]

Brought up, read the First and Second time, and added to the Bill.

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