Housing and Planning Bill (HC Bill 75)
SCHEDULE 9 continued PART 2 continued
Housing and Planning BillPage 100
2 In this Schedule—
-
“additional land” means the part of the house, building or
factory over which a right is not proposed to be acquired
in the notice to treat; -
5“house” includes any park or garden belonging to a house;
-
“land in the notice to treat” means the part of the house,
building or factory over which a right is proposed to be
acquired; -
“whole of the land” means the additional land and the land
10in the notice to treat.
Counter-notice requiring purchase of land
3
A person who is able to sell the whole of the land (“the owner”)
may serve a counter-notice requiring the authority to purchase the
owner’s interest in the whole of the land.
4
15A 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.
Response to counter-notice
5
On receiving a counter-notice the acquiring authority must decide
20whether to—
(a) withdraw the notice to treat,
(b) accept the counter-notice, or
(c) refer the counter-notice to the Upper Tribunal.
6
The authority must serve notice of their decision on the owner
25within the period of 3 months beginning with the day on which
the counter-notice is served (“the decision period”).
7
If the authority decide to refer the counter-notice to the Upper
Tribunal they must do so within the decision period.
8
If the authority do not serve notice of a decision within the
30decision 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 authority serve notice of a decision to accept the counter-
notice, the compulsory purchase order and the notice to treat are
35to have effect as if they included the owner’s interest in the whole
of the land.
Determination by Upper Tribunal
10
On a referral under paragraph 7 the Upper Tribunal must
determine whether the acquisition of the right would—
(a)
40in 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
belongs.
Housing and Planning BillPage 101
11
In making its determination, the Upper Tribunal must take into
account—
(a) the effect of the acquisition of the right,
(b) the proposed use of the right, and
(c)
5if 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.
12
If the Upper Tribunal determines that the acquisition of the right
would have either of the consequences described in paragraph 10
10it must determine how much of the land to which the counter-
notice relates 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 land the compulsory purchase
order and the notice to treat are to have effect as if they included
15the 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 land, 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
20notice to treat in relation to the whole of the 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.
(3)
25Any dispute as to the compensation is to be determined by the
Upper Tribunal.”””
New Towns Act 1981 (c. 64)New Towns Act 1981 (c. 64)
8
In Part 1 of Schedule 6 to the New Towns Act 1981 (modifications of the
Compulsory Purchase Act 1965 for the purposes of the New Towns Act
301981), in paragraph 1(2)—
(a) at the end of paragraph (e) omit “and”, and
(b) at the end of paragraph (f) insert “;
(g)
in Schedule 2A to that Act references to section 11
or 11A of that Act are to be read respectively as
35references to paragraph 4 or 4A of this Schedule.””
Acquisition of Land Act 1981 (c. 67)Acquisition of Land Act 1981 (c. 67)
9 In the Acquisition of Land Act 1981, after section 2 insert—
“2A Tunnels etc
(1)
A compulsory purchase order may provide that in the following
40provisions, a reference to land (however expressed) does not include
specified land that is at least 9 metres or more below the surface.
(2) The provisions mentioned in subsection (1) are—
(a)
Schedule 2A of the Compulsory Purchase Act 1965 (objection
to division of land),
Housing and Planning BillPage 102
(b)
any substituted version of that Schedule that applies by
virtue of provision made by or under any Act, and
(c)
Schedule 1 to the Compulsory Purchase (Vesting
Declarations) Act 1981 (objection to division of land).””
5Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)
10
In Schedule 11 to the Water Industry Act 1991 (orders conferring
compulsory works powers), in paragraph 6(1)(b), for “section” substitute
“sections 2A and”.
Water Resources Act 1991 (c. 57)Water Resources Act 1991 (c. 57)
11
10In Schedule 19 to the Water Resources Act 1991 (orders conferring
compulsory works powers), in paragraph 6(1)(b), for “section” substitute
“sections 2A and”.
Section 134
SCHEDULE 10 Objection to division of land following vesting declaration
15Part 1 Amendments to Compulsory Purchase (Vesting Declarations) Act 1981
1
The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as
follows.
2 In section 4 (execution of declaration), for subsection (3), substitute—
“(3)
20For the purposes of this Act the “vesting date” in relation to any land
that is actually specified in a general vesting declaration is—
(a)
the first day after the end of the period specified in the
declaration in accordance with subsection (1) above, or
(b)
if a counter-notice is served under paragraph 2 of Schedule 1
25within that period in relation to land, the day determined as
the vesting date for the land in accordance with that
Schedule.
(4)
For the purposes of this Act, the “vesting date” for any land that is
deemed to have been specified in a general vesting declaration by
30Schedule 1 is the day determined as the vesting date for the land in
accordance with that Schedule.””
3
In section 7 (constructive notice to treat), in subsection (1), for paragraphs (a)
and (b) substitute—
“(a)
the Land Compensation Act 1961 (as modified by section 4 of
35the Acquisition of Land Act 1981),
(b) the Compulsory Purchase Act 1965, and
(c) Schedule 1 to this Act,”.”
4
In section 8 (vesting and the right to enter on and take possession), in
subsection (1), for the words before paragraph (a) substitute “Any land
40specified in the general vesting declaration, together with the right to enter
Housing and Planning BillPage 103
upon and take possession of it, shall, subject to section 9 below, vest in the
acquiring authority on the vesting date in relation to that land as if—”.
5 For Schedule 1 substitute—
Section 12
““Schedule 1
Counter-notice requiring purchase of land not in general vesting
5declaration
Part 1 Counter-notice requiring purchase of additional land
1
(1)
This Schedule applies where an acquiring authority have made a
general vesting declaration in respect of part only of a house,
10building or factory.
(2)
But 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).
2
A person able to sell the whole of the house, building or factory
15(“the owner”) may serve a counter-notice requiring the authority
to purchase the owner’s interest in the whole.
3
A counter-notice under paragraph 2 must be served before the end
of the period of 28 days beginning with the day the owner first had
knowledge of the general vesting declaration.
4
20In a case where this Schedule applies by virtue of a general vesting
declaration made after a counter-notice has been served under
paragraph 3 or 15 of Schedule 2A to the Compulsory Purchase Act
1965, that counter-notice is to have effect as a counter-notice
served under this Schedule.
5 25In this Schedule—
-
“additional land” means the part of the house, building or
factory not specified in the general vesting declaration; -
“house” includes any park or garden belonging to a house;
-
“land proposed to be acquired” means the part of the house,
30building or factory specified in the general vesting
declaration; -
“original vesting date” is the first day after the end of the
period specified in the general vesting declaration in
accordance with section 4(1).
35Part 2 Consequences of counter-notice
Acquiring authority must respond to counter-notice within three months
6
(1)
On receiving a counter-notice the acquiring authority must decide
whether to—
(a)
40withdraw the notice to treat in relation to the land
proposed to be acquired,
Housing and Planning BillPage 104
(b) accept the counter-notice, or
(c) refer the counter-notice to the Upper Tribunal.
(2)
But the acquiring authority may not decide to withdraw the notice
to treat if the counter-notice was served on or after the original
5vesting date.
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
10Tribunal they must do so within the decision period.
9
(1)
This paragraph applies if the acquiring authority do not serve
notice of a decision within the decision period.
(2)
If the counter-notice was served before the original vesting date,
the authority are to be treated as if they had served notice of a
15decision to withdraw the notice to treat in relation to the land
proposed to be acquired.
(3)
if the counter-notice was served on or after the original vesting
date, they are to be treated as if they had served notice of a
decision to accept it.
20No vesting if notice to treat withdrawn
10
If the acquiring authority serve notice of a decision to withdraw
the notice to treat in relation to the land proposed to be acquired
the general vesting declaration is to have effect as if it did not
include that land.
25Effects of accepting counter-notice
11
(1)
This paragraph applies where the acquiring authority serve notice
of a decision to accept the counter-notice.
(2)
The general vesting declaration and the notice to treat (and, where
applicable, the compulsory purchase order) are to have effect as if
30they included the owner’s interest in the additional land as well as
in the land proposed to be acquired.
(3)
The authority must serve on the owner a notice specifying the
vesting date or dates for—
(a)
the land proposed to be acquired (if the counter-notice was
35served before the original vesting date), and
(b) the additional land.
(4)
The new vesting date for the land proposed to be acquired must
not be before the original vesting date.
(5)
The vesting date for the additional land must be after the period of
4028 days beginning with the day on which the notice under sub-
paragraph (3) is served.
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Effects of referring counter-notice to the Upper Tribunal
12 (1) This paragraph applies where—
(a)
the acquiring authority refer the counter-notice to the
Upper Tribunal, and
(b)
5the counter-notice was served before the original vesting
date.
(2)
At any time before the Upper Tribunal make a determination
under paragraph 14, the acquiring authority may serve notice on
the owner specifying a new vesting date for the land proposed to
10be acquired.
(3)
The new vesting date for the land proposed to be acquired must
not be before the original vesting date.
Part 3 Determination by the Upper Tribunal
15Introduction
13
This Part applies where, in accordance with paragraph 8, the
acquiring authority refer a counter-notice to the Upper Tribunal.
Role of the Upper Tribunal
14
(1)
The Upper Tribunal must determine whether the severance of the
20land 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
25belongs.
(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)
30if 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.
15
If the Upper Tribunal determines that the severance of the land
proposed to be acquired would have either of the consequences
35described in paragraph 14(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
16
(1)
This paragraph applies where the Upper Tribunal determines that
40the acquiring authority ought to be required to take the whole or
part of the additional land.
Housing and Planning BillPage 106
(2)
The general vesting declaration and any notice to treat (and,
where applicable, the compulsory purchase order) are to have
effect as if they included the owner’s interest in that additional
land.
(3) 5The Upper Tribunal must order a vesting date for—
(a) the additional land, and
(b)
any land proposed to be acquired which has not vested in
the authority and for which no vesting date has been
specified under paragraph 12.
10Withdrawal of notice to treat following determination
17 (1) This paragraph applies where—
(a)
the Upper Tribunal has determined that the acquiring
authority ought to be required to take the whole or part of
the additional land, and
(b)
15the vesting date in relation to the land proposed to be
acquired has not passed, and
(c)
the vesting date in relation to the additional land has not
passed.
(2)
The acquiring authority may withdraw the notice to treat in
20relation to the whole of the land at any time within the period of 6
weeks beginning with the day on which the Upper Tribunal made
its determination.
(3)
If the acquiring authority withdraws the notice to treat, the
general vesting declaration is to have effect as if it did not include
25that land.
(4)
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.
(5)
30Any dispute as to the compensation is to be determined by the
Upper Tribunal.””
6
In Schedule 2 (vesting of land in urban development corporation), for
paragraph 4 substitute—
“4 In Schedule 1, for paragraph 3 there is to be substituted—
35““3 A counter-notice under paragraph 2 must be served within
the period of 28 days beginning with the day on which the order
comes into force.””””
Part 2 Consequential amendment
7
40In section 5A of the Land Compensation Act 1961 (relevant valuation date),
after subsection (5A) (inserted by Schedule 9 to this Act) insert—
“(5B) If—
(a) the land is the subject of a general vesting declaration, and
Housing and Planning BillPage 107
(b) the vesting date is different for different parts of the land,
the first of the vesting dates is deemed for the purposes of
subsection (4)(a) to be the vesting date for the whole of the land.””
Section 139
SCHEDULE 11 5Amendments to do with sections 137 and 138
Local Government, Planning and Land Act 1980 (c. 65)Local Government, Planning and Land Act 1980 (c. 65)
1
(1)
Schedule 28 to the Local Government, Planning and Land Act 1980 is
amended as follows.
(2) In paragraph 6—
(a) 10in sub-paragraph (1), after “work on land” insert “in Scotland”;
(b) omit sub-paragraph (1A);
(c) in sub-paragraph (2), omit “or (1A)”;
(d) in sub-paragraph (4)—
(i) omit “or (1A)”;
(ii)
15omit “section 7 or 10 of the Compulsory Purchase Act 1965
(or”
(iii) omit “, or use of,”;
(e) in sub-paragraph (7)—
(i)
for “at the suit (or in Scotland at the instance)” substitute “at
20the instance”;
(ii) omit “or 1A”.
(3) In paragraph 7, for sub-paragraph (11) substitute—
“(11)
Nothing in this paragraph shall be construed as authorising any
act or omission on the part of an urban development corporation
25or local highway authority, or of any body corporate, in
contravention of any limitation imposed by law on its capacity by
virtue of the constitution of the corporation, authority or body.””
(4) In paragraph 9, for sub-paragraph (3) substitute—
“(3)
Nothing in this paragraph shall be construed as authorising any
30act or omission on the part of an urban development corporation
or local highway authority, or of any body corporate, in
contravention of any limitation imposed by law on its capacity by
virtue of the constitution of the corporation, authority or body.””
New Towns Act 1981 (c. 64)New Towns Act 1981 (c. 64)
2 35The New Towns Act 1981 is amended as follows.
3 Omit section 19.
4 In section 20, for subsection (10) substitute—
“(10)
Nothing in this section shall be construed as authorising any act or
omission on the part of a development corporation or local highway
40authority, or of any body corporate, in contravention of any
Housing and Planning BillPage 108
limitation imposed by law on their capacity by virtue of the
constitution of the corporation, authority or body.””
5 In section 21, for subsection (3) substitute—
“(3)
Nothing in this section shall be construed as authorising any act or
5omission on the part of a development corporation or local highway
authority, or of any body corporate, in contravention of any
limitation imposed by law on their capacity by virtue of the
constitution of the corporation, authority or body.””
Housing Act 1988 (c. 50)Housing Act 1988 (c. 50)
6 (1) 10Schedule 10 to the Housing Act 1988 is amended as follows.
(2) Omit paragraph 5 and the italic heading before it.
(3) In paragraph 6, for sub-paragraph (11) substitute—
“(11)
Nothing in this paragraph shall be construed as authorising any
act or omission on the part of a housing action trust, or of any body
15corporate, in contravention of any limitation imposed by law on
its capacity by virtue of the constitution of the trust or body.””
(4) In paragraph 7, for sub-paragraph (3) substitute—
“(3)
Nothing in this paragraph shall be construed as authorising any
act or omission on the part of a housing action trust, or of any body
20corporate, in contravention of any limitation imposed by law on
its capacity by virtue of the constitution of the trust or body.””
Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)
7 The Town and Country Planning Act 1990 is amended as follows.
8 Omit section 237.
9 25In section 245(4), omit paragraph (a).
10 In section 246(2), for “237” substitute “238”.
Greater London Authority Act 1999 (c. 29)Greater London Authority Act 1999 (c. 29)
11
(1)
Section 333ZB of the Greater London Authority Act 1999 is amended as
follows.
(2) 30For subsection (1) substitute—
“(1)
Schedule 3 to the Housing and Regeneration Act 2008 (powers in
relation to land acquired by the Homes and Communities Agency)
applies in relation to the Authority and land held by it for the
purposes of housing or regeneration as it applies in relation to the
35Homes and Communities Agency and its land.””
(3) In subsection (2)—
(a) insert “, and” at the end of paragraph (a);
(b) omit paragraph (aa) and the “and” at the end of it.
(4) In the heading, omit “acquired or”.
Housing and Planning BillPage 109
Planning Act 2008 (c. 29)2008 (c. 29)
12 The Planning Act 2008 is amended as follows.
13 In section 194, omit subsection (1).
14 Omit Schedule 9.
5Housing and Regeneration Act 2008 (c. 17)2008 (c. 17)
15 In Schedule 3 to the Housing and Regeneration Act 2008, omit Part 1.
Localism Act 2011 (c. 20)2011 (c. 20)
16 In section 208 of the Localism Act 2011, for subsection (1) substitute—
“(1)
Schedule 3 to the Housing and Regeneration Act 2008 (powers, in
10relation to land of the Homes and Communities Agency, to
extinguish public rights of way, and in relation to burial grounds and
consecrated land) applies in relation to an MDC and its land as it
applies in relation to the Homes and Communities Agency and its
land.””
15Infrastructure Act 2015 (c. 7)2015 (c. 7)
17
In section 32 of the Infrastructure Act 2015, omit subsections (6), (7), (8) and
(10).