Housing and Planning Bill (HC Bill 75)

(b) after sub-paragraph (2) insert—

“(2A) The period specified in a notice under sub-paragraph (1)
must not end earlier than the end of the period of 3 months
beginning with the day on which the notice is served
5unless—

(a) it is a notice to which paragraph 4A(3) applies, or

(b) it is a notice to which paragraph 12 of Schedule 2A to
the Compulsory Purchase Act 1965 (as modified by
paragraph 1(2)(g) above) applies.

(2B) 10A notice under sub-paragraph (1) must explain the effect of
paragraph 4B (counter-notice requiring possession to be
taken on specified date) and give an address at which the
acquiring authority may be served with a counter-notice.

(2C) An acquiring authority may extend the period specified in a
15notice under sub-paragraph (1) by agreement with each
person on whom it was served.

(2D) A reference in this Schedule to the period specified in a notice
under sub-paragraph (1) is to the period as extended by any
agreement under sub-paragraph (2C).””

(3) 20After paragraph 4 insert—

“4A (1) A notice under paragraph 4(1) ceases to have effect if, before entering
on and taking possession of the land, the acquiring authority become
aware of an owner to whom they have not given a notice to treat
under section 5 of the Compulsory Purchase Act 1965.

(2) 25If the acquiring authority serve a notice to treat on that owner, the
acquiring authority may serve a new notice under paragraph 4(1).

(3) If the owner is not an occupier of the land, the period specified in the
new notice under paragraph 4(1) must be a period that ends—

(a) no earlier than the end of the period of 14 days beginning
30with the day on which the new notice is served, and

(b) no earlier than the end of the period specified in any previous
notice given by the acquiring authority in respect of the land
under paragraph 4(1).

(4) This paragraph applies instead of section 11A of the Compulsory
35Purchase Act 1965.

4B (1) Where the acquiring authority serves a notice under paragraph 4(1)
on a person who is in possession of land, the person may serve a
counter-notice requiring the acquiring authority to take possession
of the land by no later than a date specified in the counter-notice.

(2) 40If the person gives up possession of the land on or before the
specified date, the acquiring authority is to be treated as having
taken possession on that date (unless the acquiring authority has in
fact taken possession before that date).

(3) The date specified in the counter-notice—

(a) 45must not be before the end of the period specified in the
notice under paragraph 4(1), and

(b) must be at least 28 days after the day on which the counter-
notice is served.

(4) Where a notice under paragraph 4(1) is served on more than one
person who is in possession of the land, a reference in this section to
5the person in possession is to all of them acting together.

(5) This paragraph applies instead of section 11B of the Compulsory
Purchase Act 1965.””

127 Abolition of alternative possession procedure following notice to treat

Schedule 8 abolishes the alternative procedure for taking possession of land
10under section 11(2) of, and Schedule 3 to, the Compulsory Purchase Act 1965.

128 Extended notice period for taking possession following vesting declaration

In section 9 of the Compulsory Purchase (Vesting Declarations) Act 1981
(minor tenancies and tenancies about to expire), in subsection (2), for “14 days”
substitute “3 months”.

15Compensation

129 Making a claim for compensation

(1) After section 4 of the Land Compensation Act 1961 (costs) insert—

“4A Making a claim for compensation

(1) The Secretary of State may by regulations impose further requirements
20about the notice mentioned in section 4(1)(b).

(2) Regulations under subsection (1) may make provision about—

(a) the form and content of the notice, and

(b) the time at which the notice must be given.

(3) Regulations under subsection (1) may permit or require a person
25specified in the regulations to design the form of the notice.

(4) Regulations under subsection (1) may require an acquiring authority to
supply, at specified stages of the compulsory acquisition process,
copies of a form to be used in giving the notice.

(5) Regulations under subsection (1) are to be made by statutory
30instrument.

(6) A statutory instrument containing regulations under subsection (1) is
subject to annulment in pursuance of a resolution of either House of
Parliament.””

(2) In section 5 of the Compulsory Purchase Act 1965 (notice to treat and untraced
35owners), after subsection (2) insert—

“(2A) For provision about notice of claims for compensation, see sections 4
and 4A of the Land Compensation Act 1961.””

130 Making a request for advance payment of compensation

(1) The Land Compensation Act 1973 is amended as follows.

(2) In section 52 (right to advance payment of compensation), for subsection (2)
substitute—

“(2) 5A request for advance payment must be made in writing by the person
entitled to it (“the claimant”) and must include—

(a) details of the claimant’s interest in the land, and

(b) information to enable the acquiring authority to estimate the
amount of the compensation in respect of which the advance
10payment is to be made.

(2A) Within 28 days of receiving a request, the acquiring authority must—

(a) determine whether they have enough information to estimate
the amount of compensation, and

(b) if they need more information, require the claimant to provide
15it.””

(3) After section 52ZC (right to advance payment of compensation) insert—

“52ZD Making a request for advance payment

(1) The Secretary of State may by regulations impose requirements about
the form and content of a request under section 52(2), 52ZA(3) or
2052ZB(3).

(2) Regulations under subsection (1) may permit or require a person
specified in the regulations to design a form to be used in making a
request.

(3) Regulations under subsection (1) may require an acquiring authority to
25supply, at specified stages of the compulsory acquisition process,
copies of a form to be used in making a request.

(4) Regulations under subsection (1) are to be made by statutory
instrument.

(5) A statutory instrument containing regulations under subsection (1) is
30subject to annulment in pursuance of a resolution of either House of
Parliament.””

131 Power to make and timing of advance payment

(1) The Land Compensation Act 1973 is amended as follows.

(2) In section 52 (right to advance payment of compensation)—

(a) 35for subsections (1) to (1B) substitute—

“(1) An acquiring authority may make an advance payment on
account of compensation payable by them for the compulsory
acquisition of an interest in land if a request has been made
under subsection (2) after the compulsory acquisition has been
40authorised.

(1A) An acquiring authority must make an advance payment under
subsection (1) if the authority have—

(a) given notice to treat in respect of the land to which the
request relates (unless the authority have withdrawn
the notice), or

(b) made a vesting declaration under section 4 of the
5Compulsory Purchase (Vesting Declarations) Act 1981
in respect of that land.”;”

(b) for subsection (4) substitute—

“(4) Where subsection (1A) applies, the acquiring authority must
within the period described in subsection (4ZA)—

(a) 10estimate the amount of the compensation (if not agreed),
and

(b) make the advance payment.

(4ZA) The period mentioned in subsection (4) is the period of two
months beginning with the latest of the following—

(a) 15the day on which the authority receive the request,

(b) the day on which the authority receive the information
required under subsection (2A)(b),

(c) the day on which the authority give notice to treat to the
claimant, or

(d) 20where no actual notice to treat is given, the day on which
the authority make a vesting declaration under section 4
of the Compulsory Purchase (Vesting Declarations) Act
1981.”;”

(c) omit subsection (11).

(3) 25In section 52ZA (advance payments: land subject to mortgage for up to 90% of
value), for subsection (1) substitute—

“(1) This section applies if—

(a) a request is made for an advance payment under section 52(1)
in respect of land,

(b) 30the authority is required by section 52(1A) to make the advance
payment, and

(c) the land is subject to a mortgage the principal of which does not
exceed 90% of the relevant amount.””

(4) In section 52ZB (advance payments: land subject to mortgage for more than
3590% of value)—

(a) for subsection (1) substitute—

“(1) This section applies if—

(a) a request is made for an advance payment under section
52(1) in respect of land,

(b) 40the authority would be required by section 52(1A) to
make the advance payment if it were not for this section,
and

(c) the land is subject to a mortgage the principal of which
exceeds 90% of the relevant amount.”;”

(b) 45in subsection (9)(c) for “section 52ZA(1)(b)” substitute “section
52ZA(1)(c)”.

(5) In section 52ZC (land subject to mortgage: supplementary provisions)—

(a) after subsection (3) insert—

“(3A) The acquiring authority must make any payment under section
52ZA or 52ZB within the period of two months beginning with
the latest of the following—

(a) 5the day on which the authority receive the request under
section 52ZA(3) or 52ZB(3),

(b) if, within two months beginning with the day the
authority receive that request the authority require the
claimant to provide further information under
10subsection (2), the day on which the authority receive
that information, or

(c) the day on which the amount of compensation is agreed
or estimated as mentioned in section 52(3).”;”

(b) in subsection (4) omit “(4) and”.

132 15Interest on advance payments of compensation

(1) The Land Compensation Act 1973 is amended as follows.

(2) In section 52A (right to interest where advance payment made)—

(a) in subsection (2), after the words “payment under section 52(1)” insert
“after the date of entry”;

(b) 20after subsection (2A) insert—

“(2B) In respect of any period in relation to which the acquiring
authority is required to pay interest under section 52B (interest
on advance payment), the interest payable under subsection (2)
is limited to the interest which accrues on the difference
25between the total amount and the paid amount.””

(3) After section 52A insert—

“52B Interest on advance payments of compensation paid late

(1) If the acquiring authority are required by section 52(1A) to make an
advance payment of compensation but pay some or all of it late, the
30authority must pay interest on the amount which is paid late (“the
unpaid amount”).

(2) Interest under subsection (1) accrues on the unpaid amount for the
period beginning with the day after the end of the period mentioned in
section 52(4).

(3) 35If the amount of the advance payment is greater than the compensation
as finally determined or agreed (“the actual amount”), the claimant
must repay any interest paid under this section that is attributable to
the amount by which the advance payment exceeded the actual
amount.

(4) 40The Treasury must by regulations specify the rate of interest for the
purposes of subsection (1).

(5) Regulations under subsection (4) may contain further provision in
connection with the payment of interest under subsection (1).

(6) Regulations under subsection (4) are to be made by statutory
45instrument.

(7) A statutory instrument containing regulations under subsection (4) is
subject to annulment in pursuance of a resolution of either House of
Parliament.””

133 Repayment of advance payment where no compulsory purchase

(1) 5The Land Compensation Act 1973 is amended as follows.

(2) In section 52 (right to advance payment of compensation), after subsection (5)
insert—

“(5A) If the acquiring authority do not take possession of land in respect of
which they have made an advance payment under this section, the
10claimant must repay it.””

(3) In section 52ZC (land subject to mortgage: supplementary provisions), after
subsection (8) insert—

“(8A) If the acquiring authority do not take possession of land in respect of
which they have made a payment to a mortgagee under section 52ZA
15or 52ZB—

(a) the mortgagee must repay it, and

(b) an amount repaid is to be treated for all purposes (including for
the purposes of subsection (7)(a)) as if it had never been paid.””

Disputes

134 20Objection to division of land

(1) Schedule 9 contains amendments about objecting to the division of land
following a notice to treat under section 5 of the Compulsory Purchase Act
1965.

(2) Schedule 10 contains amendments about objecting to the division of land
25following a general vesting declaration under section 4 of the Compulsory
Purchase (Vesting Declarations) Act 1981.

135 Power to quash decision to confirm compulsory purchase order

In section 24 of the Acquisition of Land Act 1981 (powers of the court), after
subsection (2) insert—

“(3) 30If the court has power under subsection (2) to quash a compulsory
purchase order it may instead quash the decision to confirm the order
either generally or in so far as it affects any property of the applicant.””

136 Extension of compulsory purchase time limit during challenge

(1) After section 4 of the Compulsory Purchase Act 1965 (time limit for giving
35notice to treat) insert—

“4A Extension of time limit during challenge

(1) If an application is made under section 23 of the Acquisition of Land
Act 1981 (application to High Court in respect of compulsory purchase

order), the three year period mentioned in section 4 is to be extended
by—

(a) a period equivalent to the period beginning with the day the
application is made and ending on the day it is withdrawn or
5finally determined, or

(b) if shorter, one year.

(2) An application is not finally determined for the purposes of subsection
(1)(a) if an appeal in respect of the application—

(a) could be brought (ignoring any possibility of an appeal out of
10time with permission), or

(b) has been made and not withdrawn or finally determined.””

(2) After section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981
(time limit for general vesting declaration) insert—

“5B Extension of time limit during challenge

(1) 15If an application is made under section 23 of the Acquisition of Land
Act 1981 (application to High Court in respect of compulsory purchase
order), the three year period mentioned in section 5A is to be extended
by—

(a) a period equivalent to the period beginning with the day the
20application is made and ending on the day it is withdrawn or
finally determined, or

(b) if shorter, one year.

(2) An application is not finally determined for the purposes of subsection
(1)(a) if an appeal in respect of the application—

(a) 25could be brought (ignoring any possibility of an appeal out of
time with permission), or

(b) has been made and not withdrawn or finally determined.””

Power to override easements and other rights

137 Power to override easements and other rights

(1) 30A person may carry out building or maintenance work to which this subsection
applies even if it involves—

(a) interfering with a relevant right or interest, or

(b) breaching a restriction as to the user of land arising by virtue of a
contract.

(2) 35Subsection (1) applies to building or maintenance work where—

(a) there is planning consent for the building or maintenance work,

(b) the work is carried out on land that has at any time on or after the day
on which this section comes into force become vested in or acquired by
a specified authority, and

(c) 40the authority could acquire the land compulsorily for the purposes of
the building or maintenance work.

(3) A person may use land in a case to which this subsection applies even if the use
involves—

(a) interfering with a relevant right or interest, or

(b) breaching a restriction as to the user of land arising by virtue of a
contract.

(4) Subsection (3) applies to the use of land in a case where—

(a) there is planning consent for that use of the land,

(b) 5the land has at any time on or after the day on which this section comes
into force become vested in or acquired by a specified authority, and

(c) the authority could acquire the land compulsorily for the purposes of
erecting or constructing any building for that use.

(5) Land currently owned by a specified authority is to be treated for the purposes
10of subsection (2)(c) or (4)(c) as if it were not currently owned by the authority.

(6) Nothing in this section authorises an interference with—

(a) a right of way on, under or over land that is a protected right, or

(b) a right of laying down, erecting, continuing or maintaining apparatus
on, under or over land if it is a protected right.

(7) 15In this section—

• “building or maintenance work” means the erection, construction,
  carrying out or maintenance of any building or work;

• “local authority” has the meaning given by section 7 of the Acquisition of
  Land Act 1981;

• 20“planning consent” means—

  (a)

  permission under Part 3 of the Town and Country Planning Act
  1990 or section 293A of that Act, or

  (b)

  development consent under the Planning Act 2008;

• “protected right” means—

  (a)

  25a right vested in, or belonging to, a statutory undertaker for the
  purpose of carrying on its statutory undertaking, or

  (b)

  a right conferred by, or in accordance with, the electronic
  communications code on the operator of an electronic
  communications code network (and expressions used in this
  30paragraph have the meaning given by paragraph 1(1) of
  Schedule 17 to the Communications Act 2003);

• “relevant right or interest” means any easement, liberty, privilege, right or
  advantage annexed to land and adversely affecting other land
  (including any natural right to support);

• 35“specified authority” means—

  (a)

  a Minister of the Crown or the Welsh Ministers or a government
  department,

  (b)

  a local authority,

  (c)

  a body established by or under an Act, or

  (d)

  40a statutory undertaker;

• “statutory undertaker” means—

  (a)

  a person who is, or who is deemed to be, a statutory undertaker
  for the purposes of any provision of Part 11 of the Town and
  Country Planning Act 1990, or

  (b)

  45a person in relation to whom the electronic communications
  code is applied by a direction under section 106(3)(a) of the
  Communications Act 2003;

• “statutory undertaking” is to be read in accordance with section 262 of
  that Act (meaning of “statutory undertakers”).

(8) The Secretary of State may by regulations amend the definition of “specified
authority” in subsection (7).

138 Compensation for overridden easements etc

(1) A person is liable to pay compensation for any interference with a relevant
5right or interest or breach of a restriction that is authorised by section 137.

(2) The compensation is to be calculated on the same basis as compensation
payable under sections 7 and 10 of the Compulsory Purchase Act 1965.

(3) Where a person other than a specified authority is liable to pay compensation
under this section but has not paid—

(a) 10the liability is enforceable against the specified authority, but

(b) the authority may recover from that person any amount it pays out.

(4) A person who is entitled to compensation under this section may apply to the
Upper Tribunal for an order requiring the compensation to be paid.

(5) Expressions used in this section have the same meaning as in section 137.

139 15Amendments to do with sections 137 and 138

Schedule 11 gets rid of legislation replaced by sections 137 and 138.

Part 8 General

140 Power to make transitional provision

20The Secretary of State may by regulations make transitional, transitory or
saving provision in connection with the coming into force of any provision of
this Act.

141 Power to make consequential provision

(1) The Secretary of State may by regulations make provision that is consequential
25on any provision made by this Act.

(2) Regulations under this section may amend, repeal or revoke any provision
made by or under an Act passed or made before this Act or in the same Session.

142 Regulations: general

(1) Regulations under this Act are to be made by statutory instrument.

(2) 30A statutory instrument containing (whether alone or with other provision)—

(a) regulations under section 2, 3 or 4,

(b) regulations under section 73,

(c) regulations under section 78 that amend or repeal a provision of an Act,

(d) regulations under section 137,

(e) 35regulations under section 141 that amend or repeal a provision of an
Act, or

(f) regulations under paragraph 8 of Schedule 7 that amend or repeal a
provision of an Act,

may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(3) 5Any other statutory instrument containing regulations under this Act is subject
to annulment in pursuance of a resolution of either House of Parliament.

(4) Subsection (3) does not apply to a statutory instrument that only contains
regulations under section 140 or 144.

(5) Regulations under this Act may make—

(a) 10consequential, supplementary, incidental, transitional or saving
provision;

(b)
different provision for different purposes.

143 Extent

(1) An amendment or repeal made by this Act has the same extent as the provision
15amended or repealed.

(2) This Part extends to—

(a) England and Wales,

(b) Scotland, and

(c) Northern Ireland.

(3) 20Subject to that, this Act extends to England and Wales only.

144 Commencement

(1) The following come into force on the day on which this Act is passed—

(a) this Part;

(b) sections 90 and 91 and Schedule 5;

(c) 25sections 92, 93, 101 and 104(1);

(d) sections 108 to 110.

(2) The following come into force at the end of the period of two months beginning
with the day on which this Act is passed—

(a) sections 62 to 72;

(b) 30section 84;

(c) sections 102(1) to (3), 103 and 105.

(3) The other provisions of this Act come into force on such day as the Secretary of
State may by regulations appoint.

(4) Different days may be appointed for different purposes.

145 35Short title

This Act may be cited as the Housing and Planning Act 2015.