Housing and Planning Bill (HC Bill 75)

(a) to permission in principle to develop any land, and

(b) to any consent required in respect of any land,

as it applies to planning permission to develop land.””

38 In section 322B (local inquiries in London: special provision as to costs in
5certain cases)—

after “planning permission” insert “or permission in principle”.

39 10In section 332 (combined applications), in subsection (1)(a), after “planning
permission” insert “, or permission in principle,”.

40 (1) In section 336 (interpretation), subsection (1) is amended as follows.

(2) At the appropriate place insert—

• “““permission in principle” means permission of the kind
  15referred to in section 58A;”.”

(3) At the end of the definition of “planning permission” insert “but does not
include permission in principle”.

41 (1) Schedule 1 (local planning authorities: distribution of functions) is amended
as follows.

(2) 20In paragraph 3(1)(a), after “planning permission” insert “or permission in
principle”.

(3) In paragraph 4(2), after “application for planning permission” insert “or
permission in principle”.

(4) In paragraphs 7(1), 8(1) and 8(2)(b)(i), 11(1)(a), 16(2)(a) and 18, after
25“planning permission” insert “or permission in principle”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)1990 (c. 9)

42 (1) In section 66 of the Planning (Listed Buildings and Conservation Areas) Act
1990 (general duty as respects listed buildings in exercise of planning
functions) in subsection (1), after “planning permission” insert “or
30permission in principle”.

43 In section 91(2) of that Act (expressions that have the same meaning as in the
principal Act), at the appropriate place insert—

• ““permission in principle”.”

Commons Act 2006 (c. 26)2006 (c. 26)

44 (1) 35Schedule 1A to the Commons Act 2006 (exclusion of right under section 15)
is amended as follows.

(2) In the first column of the Table, in paragraphs 1 and 2, after “An application
for planning permission” insert “, or permission in principle,”.

(3) In the second column of the Table, in paragraphs 1(c) and 2(c), after
40“planning permission” insert “or permission in principle”.

Section 121

SCHEDULE 7 Notice of general vesting declaration procedure

New notice requirements

1 The Acquisition of Land Act 1981 is amended as follows.

2 (1) 5Section 15 (compulsory purchase order: confirmation notice) is amended as
follows.

(2) In subsection (4), after paragraph (d) insert—

“(e) containing a prescribed statement about the effect of Parts 2
and 3 of the Compulsory Purchase (Vesting Declarations) Act
101981;

(f) inviting any person who would be entitled to claim
compensation if a declaration were made under section 4 of
that Act to give the acquiring authority information about the
person’s name, address and interest in land, using a
15prescribed form.””

(3) After subsection (5) insert—

“(6) The acquiring authority must send the confirmation notice to the
Chief Land Registrar and it shall be a local land charge.””

3 (1) Paragraph 6 of Schedule 1 (purchase by Minister: notices after making of
20order) is amended as follows.

(2) In sub-paragraph (4), after paragraph (d) insert—

“(e) containing a prescribed statement about the effect of Parts 2
and 3 of the Compulsory Purchase (Vesting Declarations) Act
1981;

(f) 25inviting any person who would be entitled to claim
compensation if a declaration were made under section 4 of
that Act to give the acquiring authority information about the
person’s name, address and interest in land, using a
prescribed form.””

(3) 30After sub-paragraph (5) insert—

“(6) The Minister must send the making notice to the Chief Land
Registrar and it shall be a local land charge.””

Consequential amendments

4 The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as
35follows.

5 Omit section 3 (preliminary notices).

6 In section 5, omit subsection (1) (earliest date for execution of declaration
following preliminary notice etc).

7 In section 6 (notices after execution of declaration), in subsection (1)(b), for
40“section 3(1) above” substitute “section 15 of, or paragraph 6 of Schedule 1
to, the Acquisition of Land Act 1981”.

Power to make corresponding amendments elsewhere

8 (1) The Secretary of State may by regulations amend any legislation in
connection with the compulsory acquisition of land for the purpose of
making amendments which correspond to the amendments made by this
5Schedule.

(2) “Legislation” means any provision made by or under an Act passed or made
before this Act or in the same Session.

Section 127

SCHEDULE 8 Abolition of alternative possession procedure following notice to treat

10Land Compensation Act 1961 (c. 33)Land Compensation Act 1961 (c. 33)

1 In section 5A of the Land Compensation Act 1961—

(a) in subsection (6) omit paragraph (b);

(b) in subsection (9)(b) omit “under Schedule 3 to that Act or”.

Compulsory Purchase Act 1965 (c. 56)Compulsory Purchase Act 1965 (c. 56)

2 15The Compulsory Purchase Act 1965 is amended as follows.

3 In section 11 omit subsection (2).

4 In section 12(6) omit “, or have paid it into court under Schedule 3 to this Act
by way of security,”.

5 In section 37 for “Subsections (1) and (2)” substitute “Subsection (1)”.

6 20Omit Schedule 3.

Forestry Act 1967 (c. 10)Forestry Act 1967 (c. 10)

7 In Schedule 5 to the Forestry Act 1967, in paragraph 11(3), omit
paragraph (b).

Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

8 25In Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1968, in
paragraph 5(b), omit “and Schedule 3”.

Land Compensation Act 1973 (c. 26)Land Compensation Act 1973 (c. 26)

9 The Land Compensation Act 1973 is amended as follows.

10 In section 33A(4) omit paragraph (b).

11 30In section 52ZC(7)(c) for “, any bond under Schedule 3 to that Act or”
substitute “or any bond under”.

12 In section 52A—

(a) in subsection (1), omit “Schedule 3 to that Act or”;

(b) in subsection (9), omit “under Schedule 3 to that Act or”.

13 In section 57(1) omit “, under Schedule 3 to the Compulsory Purchase Act
1965”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

14 In section 29(1)(a) of the Local Government (Miscellaneous Provisions) Act
51976 omit “or 3”.

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

15 In section 36(1)(b) of the Ancient Monuments and Archaeological Areas Act
1979 omit “or (2)”.

Planning and Compensation Act 1991 (c. 34)Planning and Compensation Act 1991 (c. 34)

16 10In section 80(2) of the Planning and Compensation Act 1991 omit “or
Schedule 3 to the Compulsory Purchase Act 1965”.

Planning Act 2008 (c. 29)2008 (c. 29)

17 In section 125 of the Planning Act 2008, in subsection (3), omit paragraph (c).

Section 134

SCHEDULE 9 15Objection to division of land following notice to treat

Part 1 Amendments to Compulsory Purchase Act 1965

1 The Compulsory Purchase Act 1965 is amended as follows.

2 In section 8 (material detriment arising from severance of land etc.), for
20subsection (1) substitute—

“(1) Schedule 2A makes provision in respect of a proposal by an
acquiring authority to acquire part only of a—

(a) house, building or factory, or

(b) park or garden belonging to a house.””

3 25After Schedule 2 insert—

Section 8

““Schedule 2A Counter-notice requiring purchase of land not in notice to treat

Part 1 Counter-notice where acquiring authority has not taken possession

Introduction

1 (1) 30This Part applies where an acquiring authority—

(a) serve a notice to treat in respect of part only of a house,
building or factory,

(b) have not entered on and taken possession of the land to
which the notice to treat relates, and

(c) 5have not made a general vesting declaration under section
4 of the Compulsory Purchase (Vesting Declarations) Act
1981 in respect of the land to which the notice to treat
relates.

(2) But see section 2A of the Acquisition of Land Act 1981 (under
10which a compulsory purchase order can exclude from this
Schedule land that is 9 metres or more below the surface).

2 In this Part—

• “additional land” means the part of the house, building, or
  factory not specified in the notice to treat;

• 15“house” includes any park or garden belonging to a house;

• “land proposed to be acquired” means the part of the house,
  building or factory specified in the notice to treat;

• “whole of the land” means the land proposed to be acquired
  and the additional land.

20Counter-notice requiring authority to purchase whole of land

3 A person who is able to sell the whole of the land (“the owner”)
may serve a counter-notice requiring the acquiring authority to
purchase the owner’s interest in the whole of the land.

4 A counter-notice under this Part must be served within—

(a) 25the period of 28 days beginning with the day on which the
notice to treat was served, or

(b) if it would end earlier, the period specified in a repeat
notice of entry served in accordance with section 11A.

Effect of counter-notice on notice of entry

5 30If the owner serves a counter-notice—

(a) any notice of entry under section 11(1) that has already
been served in respect of the land proposed to be acquired
ceases to have effect, and

(b) the acquiring authority may not serve a notice of entry (or
35a further notice of entry) under section 11(1) in respect of
that land unless they are permitted to do so by paragraph
10 or 11.

Acquiring authority must respond to counter-notice within three months

6 On receiving a counter-notice the acquiring authority must decide
40whether to—

(a) withdraw the notice to treat,

(b) accept the counter-notice, or

(c) refer the counter-notice to the Upper Tribunal.

7 The 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”).

8 If the authority decide to refer the counter-notice to the Upper
5Tribunal they must do so within the decision period.

9 If the 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.

10Effects of accepting counter-notice or referring it to the Upper Tribunal

10 If the acquiring authority serve notice of a decision to accept the
counter-notice—

(a) the compulsory purchase order and the notice to treat are
to have effect as if they included the owner’s interest in the
15whole of the land, and

(b) the authority may serve a notice of entry under section
11(1) in relation to the whole of the land.

11 If the acquiring authority serve notice of a decision to refer the
counter-notice to the Upper Tribunal, the acquiring authority may
20serve a notice of entry under section 11(1) in relation to the land
proposed to be acquired.

12 If the authority have already served one or more notices of entry
under section 11(1) in respect of the land proposed to be acquired
the period specified in any new notice of entry in relation to that
25land must be a period that ends no earlier than the end of the
period in the most recent notice of entry.

Part 2 Counter-notice where authority has taken possession

Introduction

13 (1) 30This Part applies where an acquiring authority—

(a) have entered on and taken possession of part only of a
house, building or factory;

(b) did not enter on and take possession of the land in
accordance with section 11(1), whether because they had
35not served a notice to treat or otherwise, and

(c) have not made a general vesting declaration under section
4 of the Compulsory Purchase (Vesting Declarations) Act
1981 in respect of the land which they have entered on and
taken possession of.

(2) 40But see section 2A of the Acquisition of Land Act 1981 (under
which a compulsory purchase order can exclude from this
Schedule land that is 9 metres or more below the surface).

14 In this Part—

Housing and Planning BillPage 96

• “additional land” means the part of the house, building, or
  factory that the authority have not entered on and taken
  possession of;

• “house” includes any park or garden belonging to a house;

• 5“land proposed to be acquired” means the part of the house,
  building or factory that the authority entered on and took
  possession of otherwise than in accordance with section
  11(1);

• “whole of the land” means the land proposed to be acquired
  10and the additional land.

Counter-notice requiring authority to purchase additional land

15 A person who is able to sell the whole of the land (“the owner”)
may serve a counter-notice requiring the acquiring authority to
purchase the owner’s interest in the whole of the land.

16 15A counter-notice under this Part must be served within the period
of 28 days beginning with the day on which—

(a) the owner first had knowledge that the acquiring authority
had entered on and taken possession of the land, or

(b) if later, the owner receives any notice to treat.

20Acquiring authority must respond to counter-notice within 3 months

17 On receiving a counter-notice the acquiring authority must decide
whether to—

(a) accept the counter-notice, or

(b) refer the counter-notice to the Upper Tribunal.

18 25The 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”).

19 If the authority decide to refer the counter-notice to the Upper
Tribunal they must do so within the decision period.

20 30If the 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 accept the counter-notice at the end of that period.

Effects of accepting counter-notice

21 (1) This paragraph applies where the acquiring authority serve notice
35of a decision to accept the counter-notice.

(2) The compulsory purchase order has effect as if it included the
owner’s interest in the additional land.

(3) If the acquiring authority have already served a notice to treat in
relation to the land proposed to be acquired, the notice has effect
40as if it also included the owner’s interest in the additional land.

(4) If the acquiring authority have not served a notice to treat, they
must serve a notice to treat in relation to the whole of the land.

Part 3 Determination by the Upper Tribunal

Introduction

22 This Part applies where, in accordance with paragraph 8 or 19, the
5acquiring authority refer a counter-notice to the Upper Tribunal.

23 In this Part “land proposed to be acquired” and “additional land”
have the meanings given by paragraph 2 or 14 as the case may be.

Role of the Upper Tribunal

24 (1) The Upper Tribunal must determine whether the severance of the
10land proposed to be acquired would—

(a) in the case of a house, building or factory, cause material
detriment to the house, building or factory, or

(b) in the case of a park or garden, seriously affect the amenity
or convenience of the house to which the park or garden
15belongs.

(2) In making its determination, the Upper Tribunal must take into
account—

(a) the effect of the severance,

(b) the proposed use of the land proposed to be acquired, and

(c) 20if that land 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.

25 If the Upper Tribunal determines that the severance of the land
proposed to be acquired would have either of the consequences
25described in paragraph 24(1) it must determine how much of the
additional land the acquiring authority ought to be required to
take in addition to the land proposed to be acquired.

Effect of determination that more land should be acquired

26 (1) This paragraph applies where the Upper Tribunal determines that
30the acquiring authority ought to be required to take the whole or
part of the additional land.

(2) The compulsory purchase order has effect as if it included the
owner’s interest in the additional land.

(3) If the acquiring authority have already served a notice to treat in
35relation to the land proposed to be acquired, the notice has effect
as if it also included the owner’s interest in the additional land.

(4) If the acquiring authority have not served a notice to treat, they
must serve a notice to treat in relation to the land proposed to be
acquired and the additional land.

(5) 40If the acquiring authority have already entered on and taken
possession of the land proposed to be acquired, the power to
award compensation under section 7 includes power to award

compensation for any loss suffered by the owner by reason of the
temporary severance of the land from the additional land.

(6) Where the Upper Tribunal determines that the acquiring authority
ought to be required to take part only of the additional land, a
5reference in sub-paragraph (2) to (5) to “the additional land” is to
that part.

Withdrawal of notice to treat following determination

27 (1) This paragraph applies where—

(a) the acquiring authority have served a notice to treat in
10respect of the land proposed to be acquired,

(b) the Upper Tribunal has determined that the authority
ought to be required to take the whole or part of the
additional land, and

(c) the authority have not yet entered on and taken possession
15of any of the land proposed to be acquired or the
additional land.

(2) The acquiring authority may withdraw the notice to treat in
respect of the whole of the land at any time within the period of 6
weeks beginning with the day on which the Upper Tribunal made
20its determination.

(3) 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.

(4) 25Any dispute as to the compensation is to be determined by the
Upper Tribunal.””

Part 2 Consequential amendments

Land Compensation Act 1961 (c. 33)Land Compensation Act 1961 (c. 33)

4 (1) 30Section 5A of the Land Compensation Act 1961 (relevant valuation date) is
amended as follows.

(2) After subsection (5) insert—

“(5A) If—

(a) the acquiring authority enters on and takes possession of
35land in pursuance of a notice of entry given as mentioned in
paragraph 11 of Schedule 2A to the Compulsory Purchase
Act 1965 (“the original land”),

(b) the acquiring authority are subsequently required by a
determination under paragraph 25 of Schedule 2A to the
40Compulsory Purchase Act 1965 to take additional land, and

(c) the acquiring authority enters on and takes possession of that
additional land,

the authority is deemed for the purposes of subsection (3)(a) to have
entered on and taken possession of the additional land when it
entered on and took possession of the original land.””

(3) In subsection (6), for “subsection (5)” substitute “subsections (5) and (5A)”.

5Land Compensation Act 1973 (c. 26)Land Compensation Act 1973 (c. 26)

5 In section 58 of the Land Compensation Act 1973 (determination of material
detriment where part of house etc. subject to compulsory acquisition)—

(a) in subsection (1) omit “section 8(1) or 34(2) of the Compulsory
Purchase Act 1965, or”;

(b) 10omit subsection (2).

Provisions which refer to section 8(1)

6 For each of the following provisions substitute, with the same paragraph or
sub-paragraph number as the provision being replaced, the provision in
paragraph 7—

(a) 15paragraph 7 of Schedule 1 to the Local Government (Miscellaneous
Provisions) Act 1976;

(b) paragraph 23(2) of Schedule 28 to the Local Government, Planning
and Land Act 1980;

(c) paragraph 7 of Schedule 19 to the Highways Act 1980;

(d) 20paragraph 8 of Schedule 3 to the Gas Act 1986;

(e) paragraph 22 of Schedule 10 to the Housing Act 1988;

(f) paragraph 9 of Schedule 3 to the Electricity Act 1989;

(g) paragraph 4 of Schedule 9 to the Water Industry Act 1991;

(h) paragraph 4 of Schedule 18 to the Water Resources Act 1991;

(i) 25paragraph 4 of Schedule 1B to the Coal Industry Act 1994;

(j) paragraph 8 of Schedule 5 to the Postal Services Act 2000;

(k) paragraph 11 of Schedule 2 to the Housing and Regeneration Act
2008.

7 This is the provision to be substituted for the provisions listed in paragraph
306—

“X Section 8(1) of the Compulsory Purchase Act 1965 has effect as if
references to acquiring land were to acquiring a right in the land,
and Schedule 2A to that Act is to be read as if, for that Schedule,
there were substituted—

““Schedule 2A 35Counter-notice requiring purchase of land

Introduction

1 (1) This Schedule applies where an acquiring authority serve a notice
to treat in respect of a right over part only of a house, building or
factory.

(2) 40But see section 2A of the Acquisition of Land Act 1981 (under
which a compulsory purchase order can exclude from this
Schedule land that is 9 metres or more below the surface).