following modifications, that is to say, in determining the amount of any compensation—
- (a) the arbitrator shall have regard to the extent to which the remaining contiguous lands belonging to the same person may be benefited by the purpose for which the land is authorized to be acquired, and in particular (without prejudice to the generality of the foregoing provisions of this paragraph) shall, in the case of land authorized to be acquired for the widening of any road, set off against the value of the land to be acquired any increase in the value of other land belonging to the same person which will accrue by reason of the creation of a frontage to the road as widened; and
- (b) the arbitrator shall take into account and embody in his award any undertaking given by the highway authority as to the use to which the land, or any part thereof, will be put.
(2) Any highway authority may acquire by agreement any land in the neighbourhood of any road being land which they consider it desirable to acquire for the purposes of preserving the amenities of the locality in which it is situated (including the purpose of preventing the erection of buildings detrimental to the view from the road).
(3) The following provisions shall have effect with respect to the acquisition of land under the powers conferred by this section, and with respect to land acquired under those powers—
- (a) except for the purposes of the construction or improvement of a road, a highway authority shall not, under the said powers, acquire compulsorily any land which is required to be retained as part of a park, garden, pleasure ground, or home farm attached to and usually occupied with a mansion house, or is otherwise required for the amenity or convenience of any dwelling house existing when the compulsory purchase order is made, or which is for the time being subject to conditions restricting the planning, development, or use thereof imposed by any agreement enforceable under section thirty-four of the Town and Country Planning Act, 1932;
- (b) whenever land is acquired by a highway authority under the said powers, the authority shall furnish to the Minister, in a form approved by him, sufficient particulars of the purposes for which the land is acquired and of the manner in which it is intended to be used for those purposes and the said particulars shall be so furnished in the case of land to be acquired by means of a compulsory purchase order by specifying them in the order submitted to the Minister, and in any other case in such manner as the Minister may direct;
- (c) a highway authority shall not have power to use in any manner other than that specified in the particulars furnished under the last foregoing paragraph or to let, sell, or exchange any land which has been acquired by them under the said powers for the purposes of preventing the erection of buildings detrimental to the view from a road or for any of the purposes specified in subsection (2) of this section unless they are authorized to do so by an order made by the Minister of Health, and, except in the case of an order authorizing the letting of such land for a term not exceeding seven years for purposes specified in the order, being purposes which, in the opinion of the Minister of Health, are consistent with the preservation of the amenities of the locality, any such order shall be provisional only and shall not have effect unless and until it is confirmed by Parliament.
(4) The powers conferred upon highway authorities by section one of the Roads Improvement Act, 1925 (which relates to the planting of trees and shrubs and the laying out of grass margins), may be exercised upon any land acquired by a highway authority under this section notwithstanding that the land does not form part of the highway.
(5) Where any highway authority are authorised by an order confirmed under this section to purchase land compulsorily, then, at any time after notice to treat has been served, the authority may, after giving to the owner and to the occupier of the land not less than fourteen days’ notice, enter on and take possession of the land or such part thereof as is specified in the notice, without previous consent or compliance with sections eighty-four to ninety of the Lands Clauses Consolidation Act, 1845, but subject to the payment of the like compensation for the land of which possession is taken, and interest on the compensation awarded, as would have been payable if those provisions had been complied with.
(6) Save as is provided in the section of this Act next following, nothing in this section shall authorise the compulsory acquisition of any land which is the
