Determination by Upper Tribunal  10.  On a referral under paragraph 7, the Upper Tribunal must determine whether the  acquisition of the right or the imposition of the restrictive covenant would—  11.  In making its determination, the Upper Tribunal must take into account—  12.  If the Upper Tribunal determines that the acquisition of the right or the imposition of  the covenant would have either of the consequences described in paragraph 10, it must  determine how much of the house, building or factory the authority ought to be required to  take.  13.  If the Upper Tribunal determines that the authority ought to be required to take some  or all of the house, building or factory, the compulsory purchase order and the notice to  treat are to have effect as if they included the owner’s interest in that land.  14. —(1) If the Upper Tribunal determines that the authority ought to be required to take  some or all of the house, building or factory, the authority may at any time within the  period of 6 weeks beginning with the day on which the Upper Tribunal makes its  determination withdraw the notice to treat in relation to that land.  (2) If the acquiring authority withdraws the notice to treat under this paragraph they must  pay the person on whom the notice was served compensation for any loss or expense  caused by the giving and withdrawal of the notice.  15.  Any dispute as to the compensation is to be determined by the Upper Tribunal.”.  (c) if the right or covenant is proposed to be acquired or imposed for works or other  purposes extending to other land, the effect of the whole of the works and the use  of the other land.  (b) the use to be made of the right or covenant proposed to be acquired or imposed,  and  (a) the effect of the acquisition of the right or the imposition of the covenant,  (b) in the case of a park or garden, seriously affect the amenity or convenience of the  house to which the park or garden belongs.  (a) in the case of a house, building or factory, cause material detriment to the house,  building or factory, or  86