Local Government, Planning and Land Act 1980

Compulsory acquisition

91Amendments relating to compulsory acquisition

(1)The following subsections shall be substituted for section 112(1) of the [1971 c. 78.] Town and Country Planning Act 1971 (compulsory acquisition by local authority of land for development etc.)—

“(1)A local authority to whom this section applies shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a)any land which is in their area and which is suitable for and is required in order to secure the carrying out of one or more of the following activities, namely, development, re-development and improvement ;

(b)any land which is in their area and which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

(1A)A local authority and the Secretary of State in considering for the purposes of subsection (1)(a) above whether land is suitable for development, re-development or improvement shall have regard—

(a)to the provisions of the development plan, so far as material;

(b)to whether planning permission for any development on the land is in force ; and

(c)to any other considerations which, on an application for planning permission for development on the land, would be material for the purpose of determining that application.

(1B)Where a local authority exercise their power under subsection (1) of this section in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a)any land adjoining that land which is required for the purpose of executing works for facilitating its development or use ; or

(b)where that land forms part of a common or open space or fuel or field garden allotment, any land which is required for the purpose of being given in exchange for the land which is being acquired.

(1C)It is immaterial by whom the local authority propose that any activity or purpose mentioned in subsection (1) or (1B) (a) of this section should be undertaken or achieved (and in particular the local authority need not propose to undertake an activity or to achieve that purpose themselves).”.

(2)Where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act, sections 112 and 119 of the [1971 c. 78.] Town and Country Planning Act 1971 shall apply as they applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.