Form T374 UK: Blight Counter-Notice Challenge Guide

What this document is

Form T374 is the document used to refer a dispute to the Upper Tribunal (Lands Chamber) where the validity of a counter-notice is in question. Counter-notices of this kind arise under the Town and Country Planning Act 1990, typically when a landowner has served a blight notice (asking a public authority to buy land affected by planning proposals) or a purchase notice (where land has been rendered incapable of reasonably beneficial use).

The authority may respond with a counter-notice setting out grounds why it should not be required to purchase. If the landowner disagrees with those grounds, the Tribunal is the body that decides the point. The Lands Chamber handles technical property disputes of this kind, and its procedures are relatively formal.

The reference starts the process, sets out who the parties are, identifies the land, and gives the Tribunal the factual and legal basis for the claim. Because blight and purchase notice cases can turn on fine points, accuracy when completing the form matters a great deal.

How to use this document

1. Complete Section 1 with the claimant's details. This opening section identifies the person making the reference, usually the landowner or, less commonly, the authority. You will need the full name (individual, company or partnership), postal address including postcode, a contact telephone number, and confirmation of the claimant's status. Getting the legal identity right here is important because any later orders or communications will use these details.
2. Fill in Section 2 with representative information if you have one. If a solicitor, surveyor or other professional is acting for you, this is where their contact details go. Once a representative is named, the Tribunal typically directs correspondence to them rather than to you personally. Include their name, firm, address, phone number and the capacity in which they act. Leave this blank if you are handling the reference yourself.
3. Describe the land or property in Section 3. The Tribunal needs a clear picture of what the dispute is about. Provide a description of the land, an approximate area where that can be given, and a postal address or location that pinpoints the site. A plan can help if the boundaries are not obvious from a postal address alone.
4. Set out your interest and grounds in Section 4. State the nature of your interest in the land, for example freehold, leasehold or a qualifying business tenancy, along with your name and address as the person holding that interest. Where the reference concerns a blight counter-notice, attach a separate statement identifying which of the grounds of objection in the counter-notice you say are not well-founded, and in broad terms why.
5. Complete the remaining sections on witnesses, your case, and other interests. Section 5 covers expert witnesses and whether Tribunal permission may be needed to call more than one. Section 6 is the Statement of Case, where you set out the facts you rely on and any points of law you intend to argue. Section 7 lists anyone else with an interest in the land who should be aware of the reference.

Common questions