Section 58: Determination of material detriment where part of house etc. proposed for compulsory acquisition.

Land Compensation Act 1973 · 1973 c.26

Part IV: Compulsory Purchase

58(1)

In determining under ... ... section 166(2) of the Town and Country Planning Act 1990 whether—

(a) part of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or

(b) part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,

the Upper Tribunal shall take into account not only the effect of the severance but also the use to be made of the part proposed to be acquired and, in a case where the part is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

58(2)

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58(3)

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About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.