“SCHEDULE 2A  COUNTER-NOTICE REQUIRING PURCHASE OF LAND  Introduction  Counter-notice requiring purchase of land  Response to counter-notice  Determination by Upper Tribunal  48 (c) if the right 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 of the other land.  (b) the proposed use of the right, and  (a) the effect of the acquisition of the right,  (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  (a) withdraw the notice to treat,  (b) accept the counter-notice, or  (c) refer the counter-notice to the Upper Tribunal.  1.  This Schedule applies where an acquiring authority serve a notice to treat in respect of  a right over the whole or part of a house, building or factory.  2.  In this Schedule, “house” includes any park or garden belonging to a house.  3.  A person who is able to sell the house, building or factory (“the owner”) may serve a  counter-notice requiring the acquiring authority to purchase the owner’s interest in the  house, building or factory.  4.  A counter-notice under paragraph 3 must be served within the period of 28 days  beginning with the day on which the notice to treat was served.  5.  On receiving a counter-notice, the acquiring authority must decide whether to—  6.  The acquiring authority must serve notice of their decision on the owner within the  period of 3 months beginning with the day on which the counter-notice is served (“the  decision period”).  7.  If the acquiring authority decide to refer the counter-notice to the Upper Tribunal they  must do so within the decision period.  8.  If the acquiring authority do not serve notice of a decision within the decision period  they are to be treated as if they had served notice of a decision to withdraw the notice to  treat at the end of that period.  9.  If the acquiring authority serve notice of a decision to accept the counter-notice, the  compulsory purchase order and the notice to treat are to have effect as if they included the  owner’s interest in the house, building or factory.  10.  On a referral under paragraph 7, the Upper Tribunal must determine whether the  acquisition of the right would—  11.  In making its determination, the Upper Tribunal must take into account— 