Planning Act 2008

Compulsory acquisitionE+W+S

122Purpose for which compulsory acquisition may be authorisedE+W+S

(1)An order granting development consent may include provision authorising the compulsory acquisition of land only if the [F1Secretary of State] is satisfied that the conditions in subsections (2) and (3) are met.

(2)The condition is that the land—

(a)is required for the development to which the development consent relates,

(b)is required to facilitate or is incidental to that development, or

(c)is replacement land which is to be given in exchange for the order land under section 131 or 132.

(3)The condition is that there is a compelling case in the public interest for the land to be acquired compulsorily.

123Land to which authorisation of compulsory acquisition can relateE+W+S

(1)An order granting development consent may include provision authorising the compulsory acquisition of land only if the [F2Secretary of State] is satisfied that one of the conditions in subsections (2) to (4) is met.

(2)The condition is that the application for the order included a request for compulsory acquisition of the land to be authorised.

(3)The condition is that all persons with an interest in the land consent to the inclusion of the provision.

(4)The condition is that the prescribed procedure has been followed in relation to the land.

F3124Guidance about authorisation of compulsory acquisitionE+W+S

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125Application of compulsory acquisition provisionsE+W+S

(1)This section applies if an order granting development consent includes provision authorising the compulsory acquisition of land.

(2)Part 1 of the Compulsory Purchase Act 1965 (c. 56) (procedure for compulsory purchase) applies to the compulsory acquisition of land under the order—

(a)as it applies to a compulsory purchase to which Part 2 of the Acquisition of Land Act 1981 (c. 67) applies, and

(b)as if the order were a compulsory purchase order under that Act.

(3)Part 1 of the Compulsory Purchase Act 1965, as applied by subsection (2), has effect with the omission of the following provisions—

(a)section 4 (time limit for exercise of compulsory purchase powers);

(b)section 10 (compensation for injurious affection);

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In so far as the order includes provision authorising the compulsory acquisition of land in Scotland—

(a)subsections (2) and (3) do not apply, and

(b)the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) (“the 1947 Act”) applies to the compulsory acquisition of that land under the order as if the order were a compulsory purchase order as defined in section 1(1) of that Act.

(5)The 1947 Act, as applied by subsection (4), has effect with the omission of the following provisions—

(a)Parts 2 and 3 of the First Schedule (compulsory purchase by Ministers and special provisions as to certain descriptions of land);

(b)section 116 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19) (time limit for exercise of compulsory purchase powers) (that section being incorporated into the 1947 Act by paragraph 1 of the Second Schedule to the 1947 Act).

(6)Subsections (2) to (5) are subject to any contrary provision made by the order granting development consent.

126Compensation for compulsory acquisitionE+W+S

(1)This section applies in relation to an order granting development consent which includes provision authorising the compulsory acquisition of land.

(2)The order may not include provision the effect of which is to modify the application of a compensation provision, except to the extent necessary to apply the provision to the compulsory acquisition of land authorised by the order.

(3)The order may not include provision the effect of which is to exclude the application of a compensation provision.

(4)A compensation provision is a provision of or made under an Act which relates to compensation for the compulsory acquisition of land.

127Statutory undertakers' landE+W+S

(1)This section applies in relation to land (“statutory undertakers' land”) if—

(a)the land has been acquired by statutory undertakers for the purposes of their undertaking,

(b)a representation has been made about an application for an order granting development consent before the completion of the examination of the application, and the representation has not been withdrawn, and

(c)as a result of the representation the [F5Secretary of State] is satisfied that—

(i)the land is used for the purposes of carrying on the statutory undertakers' undertaking, or

(ii)an interest in the land is held for those purposes.

(2)An order granting development consent may include provision authorising the compulsory acquisition of statutory undertakers' land only to the extent that the [F6Secretary of State is satisfied of the matters set out in subsection (3).]

(3)The matters are that the nature and situation of the land are such that—

(a)it can be purchased and not replaced without serious detriment to the carrying on of the undertaking, or

(b)if purchased it can be replaced by other land belonging to, or available for acquisition by, the undertakers without serious detriment to the carrying on of the undertaking.

(4)Subsections (2) and (3) do not apply in a case within subsection (5).

(5)An order granting development consent may include provision authorising the compulsory acquisition of a right over statutory undertakers' land by the creation of a new right over land only to the extent that the [F7Secretary of State is satisfied of the matters set out in subsection (6).]

(6)The matters are that the nature and situation of the land are such that—

(a)the right can be purchased without serious detriment to the carrying on of the undertaking, or

(b)any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them.

F8(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section—

(9)In the application of this section to a statutory undertaker which is a health service body (as defined in section 60(7) of the National Health Service and Community Care Act 1990 (c. 19)), references to land acquired or available for acquisition by the statutory undertakers are to be construed as references to land acquired or available for acquisition by the Secretary of State for use or occupation by the body.

F9128Local authority and statutory undertakers' land: generalE+W+S

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F9129Local authority and statutory undertakers' land: acquisition by public bodyE+W+S

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130National Trust landE+W+S

(1)This section applies to land belonging to the National Trust which is held by the Trust inalienably.

(2)An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of land to which this section applies, if the condition in subsection (3) is met.

(3)The condition is that—

(a)a representation has been made by the National Trust about the application for the order granting development consent before the completion of the examination of the application,

[F10(aa)the representation contains an objection to the compulsory acquisition of the land,] and

(b)the [F11objection] has not been withdrawn.

[F12(3A)In a case to which this section applies and to which section 131 or 132 also applies, special parliamentary procedure—

(a)may be required by subsection (2) whether or not also required by section 131(3) or 132(2), and

(b)may be required by section 131(3) or 132(2) whether or not also required by subsection (2).]

(4)In this section “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the National Trust Act 1907 (c. cxxxvi) or section 8 of the National Trust Act 1939 (c. lxxxvi).

(5)In this section “the National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 (c. cxxxvi).

131Commons, open spaces etc: compulsory acquisition of landE+W+S

(1)This section applies to any land forming part of a common, open space or fuel or field garden allotment.

(2)This section does not apply in a case to which section 132 applies.

(3)An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of land to which this section applies, [F13unless—

(a)the Secretary of State is satisfied that one of subsections (4) to (5) applies, and

(b)that fact, and the subsection concerned, are recorded in the order or otherwise in the instrument or other document containing the order.]

(4)This subsection applies if—

(a)replacement land has been or will be given in exchange for the order land, and

(b)the replacement land has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to the order land.

[F14(4A)This subsection applies if—

(a)the order land is, or forms part of, an open space,

(b)none of the order land is of any of the other descriptions in subsection (1),

(c)either—

(i)there is no suitable land available to be given in exchange for the order land, or

(ii)any suitable land available to be given in exchange is available only at prohibitive cost, and

(d)it is strongly in the public interest for the development for which the order grants consent to be capable of being begun sooner than is likely to be possible if the order were to be subject (to any extent) to special parliamentary procedure.

(4B)This subsection applies if—

(a)the order land is, or forms part of, an open space,

(b)none of the order land is of any of the other descriptions in subsection (1), and

(c)the order land is being acquired for a temporary (although possibly long-lived) purpose.]

(5)This subsection applies if—

(a)the order land does not exceed 200 square metres in extent or is required for the widening or drainage of an existing highway or partly for the widening and partly for the drainage of such a highway, and

(b)the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.

F15(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)If an order granting development consent authorises the compulsory acquisition of land to which this section applies, it may include provision—

(a)for vesting replacement land given in exchange as mentioned in subsection (4)(a) in the prospective seller and subject to the rights, trusts and incidents mentioned in subsection (4)(b), and

(b)for discharging the order land from all rights, trusts and incidents to which it is subject.

(12)In this section —

• “common”, “fuel or field garden allotment” and “open space” have the same meanings as in section 19 of the Acquisition of Land Act 1981 (c. 67);

• “the order land” means the land authorised to be compulsorily acquired;

• “the prospective seller” means the person or persons in whom the order land is vested;

• “replacement land” means land which is not less in area than the order land and which is no less advantageous to the persons, if any, entitled to rights of common or other rights, and to the public.

132Commons, open spaces etc: compulsory acquisition of rights over landE+W+S

(1)This section applies to any land forming part of a common, open space or fuel or field garden allotment.

(2)An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of a right over land to which this section applies by the creation of a new right over land, [F16unless—

(a)the Secretary of State is satisfied that one of subsections (3) to (5) applies, and

(b)that fact, and the subsection concerned, are recorded in the order or otherwise in the instrument or other document containing the order].

(3)This subsection applies if the order land, when burdened with the order right, will be no less advantageous than it was before to the following persons—

(a)the persons in whom it is vested,

(b)other persons, if any, entitled to rights of common or other rights, and

(c)the public.

(4)This subsection applies if—

(a)replacement land has been or will be given in exchange for the order right, and

(b)the replacement land has been or will be vested in the persons in whom the order land is vested and subject to the same rights, trusts and incidents as attach to the order land (ignoring the order granting development consent).

[F17(4A)This subsection applies if—

(a)the order land is, or forms part of, an open space,

(b)none of the order land is of any of the other descriptions in subsection (1),

(c)either—

(i)there is no suitable land available to be given in exchange for the order right, or

(ii)any suitable land available to be given in exchange is available only at prohibitive cost, and

(d)it is strongly in the public interest for the development for which the order grants consent to be capable of being begun sooner than is likely to be possible if the order were to be subject (to any extent) to special parliamentary procedure.

(4B)This subsection applies if—

(a)the order land is, or forms part of, an open space,

(b)none of the order land is of any of the other descriptions in subsection (1), and

(c)the order right is being acquired for a temporary (although possibly long-lived) purpose.]

(5)This subsection applies if—

(a)the order land does not exceed 200 square metres in extent or the order right is required in connection with the widening or drainage of an existing highway or in connection partly with the widening and partly with the drainage of such a highway, and

(b)the giving of other land in exchange for the order right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.

F18(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)If an order granting development consent authorises the compulsory acquisition of a right over land to which this section applies by the creation of a new right over land, it may include provision—

(a)for vesting replacement land given in exchange as mentioned in subsection (4)(a) in the persons in whom the order land is vested and subject to the rights, trusts and incidents mentioned in subsection (4)(b), and

(b)for discharging the order land from all rights, trusts and incidents to which it has previously been subject so far as their continuance would be inconsistent with the exercise of the order right.

(12)In this section —

• “common”, “fuel or field garden allotment” and “open space” have the same meanings as in section 19 of the Acquisition of Land Act 1981 (c. 67);

• “the order land” means the land to which this section applies over which the order right is to be exercisable;

• “the order right” means the right authorised to be compulsorily acquired;

• “replacement land” means land which will be adequate to compensate the following persons for the disadvantages which result from the compulsory acquisition of the order right—

  (a)

  the persons in whom the order land is vested,

  (b)

  the persons, if any, entitled to rights of common or other rights over the order land, and

  (c)

  the public.

133Rights in connection with underground gas storage facilitiesE+W

(1)This section applies if—

(a)the development to which an order granting development consent relates is development within section 14(1)(c), and

(b)the order authorises the compulsory acquisition of one or more rights within subsection (2).

(2)The rights are—

(a)a right to store gas in underground gas storage facilities;

(b)a right to stop up a well, borehole or shaft, or prevent its use by another person;

(c)a right of way over land.

(3)If the right within subsection (2) is an existing right to store gas in underground gas storage facilities, this Act has effect in relation to the compulsory acquisition of the right with the omission of section 131.

(4)If the order authorises the compulsory acquisition of the right by the creation of a new right within subsection (2), this Act has effect in relation to the compulsory acquisition of the right with the omission of sections 127 to 132.

134Notice of authorisation of compulsory acquisitionE+W+S

(1)This section applies if—

(a)an order is made granting development consent, and

(b)the order includes provision authorising the compulsory acquisition of land.

(2)In this section —

• “the order land” means—

  (a)

  in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, the land over which the right is to be exercisable;

  (b)

  in any other case where the order granting development consent authorises the compulsory acquisition of land, the land authorised to be compulsorily acquired;

• “the prospective purchaser” means—

  (a)

  in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, the person for whose benefit the order authorises the creation of the right;

  (b)

  in any other case where the order granting development consent authorises the compulsory acquisition of land, the person authorised by the order to compulsorily acquire the land.

(3)After the order has been made, the prospective purchaser must—

[F19(za)make a copy of the order available, at a place in the vicinity of the land, for inspection by the public at all reasonable hours,]

(a)serve a compulsory acquisition notice F20... on each person to whom subsection (4) applies, and

(b)affix a compulsory acquisition notice to a conspicuous object or objects on or near the order land.

(4)This subsection applies to any person who, if the order granting development consent were a compulsory purchase order, would be a qualifying person for the purposes of section 12(1) of the Acquisition of Land Act 1981 (c. 67) (notice to owners, lessees and occupiers).

(5)A compulsory acquisition notice which is affixed under subsection (3)(b) must—

(a)be addressed to persons occupying or having an interest in the order land, and

(b)so far as practicable, be kept in place by the prospective purchaser until the end of the period of 6 weeks beginning with the date on which the order is published.

(6)The prospective purchaser must also publish a compulsory acquisition notice in one or more local newspapers circulating in the locality in which the order land is situated.

[F21(6A)The prospective purchaser must send a compulsory acquisition notice to the Chief Land Registrar and it shall be a local land charge in respect of the land in England or Wales to which it relates.]

(7)A compulsory acquisition notice is a notice in the prescribed form—

(a)describing the order land,

(b)in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, describing the right,

(c)stating that the order granting development consent includes provision authorising the compulsory acquisition of a right over the land by the creation of a right over it or (as the case may be) the compulsory acquisition of the land,

[F22(cza)in a case where the order applies Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981—

(i)containing a prescribed statement about the effect of those Parts, and

(ii)inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the prospective purchaser information about the person’s name, address and interest in land, using a prescribed form,]

[F23(ca)stating where and when a copy of the order is available for inspection in accordance with subsection (3)(za),] and

(d)stating that a person aggrieved by the order may challenge the order only in accordance with section 118.

F24(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .