Housing and Planning Bill (HL Bill 87)

(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) after subsection (2A) insert—

“(2B) 5In 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
between the total amount and the paid amount.”

(3) 10After 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
authority must pay interest on the amount which is paid late (“the
15unpaid 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) If the amount of the advance payment is greater than the compensation
20as 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) The Treasury must by regulations specify the rate of interest for the
25purposes 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
instrument.

(7) 30A statutory instrument containing regulations under subsection (4) is
subject to annulment in pursuance of a resolution of either House of
Parliament.”

175 Repayment of advance payment where no compulsory purchase

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

(2) 35In 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
claimant must repay it.”

(3) 40In 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
or 52ZB—

(a) 5the 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

176 Objection to division of land

(1) 10Schedule 17 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 18 contains amendments about objecting to the division of land
following a general vesting declaration under section 4 of the Compulsory
15Purchase (Vesting Declarations) Act 1981.

177 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) If the court has power under subsection (2) to quash a compulsory
20purchase 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.”

178 Extension of compulsory purchase time limit during challenge

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

“4A 25Extension 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) 30a period equivalent to the period beginning with the day the
application 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
35(1)(a) if an appeal in respect of the application—

(a) could be brought (ignoring any possibility of an appeal out of
time 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) If an application is made under section 23 of the Acquisition of Land
Act 1981 (application to High Court in respect of compulsory purchase
5order), 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
application is made and ending on the day it is withdrawn or
finally determined, or

(b) 10if 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
time with permission), or

(b) 15has been made and not withdrawn or finally determined.”

Power to override easements and other rights

179 Power to override easements and other rights

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

(a) 20interfering with a relevant right or interest, or

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

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

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

(b) 25the work is carried out on land that has at any time on or after the day
on which this section comes into force—

(i) become vested in or acquired by a specified authority, or

(ii) been appropriated by a local authority for planning purposes as
defined by section 246(1) of the Town and Country Planning
30Act 1990, and

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

(3) Subsection (1) also applies to building or maintenance work where—

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

(b) 35the work is carried out on other qualifying land, and

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

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

(a) 40interfering with a relevant right or interest, or

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

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

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

(b) the land has at any time on or after the day on which this section comes
into force—

(i) become vested in or acquired by a specified authority, or

(ii) been appropriated by a local authority for planning purposes as
5defined by section 246(1) of the Town and Country Planning
Act 1990, and

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

(6) 10Subsection (3) also applies to the use of land in a case where—

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

(b) the land is other qualifying land, and

(c) a specified authority could acquire the land compulsorily for the
purposes of erecting or constructing any building, or carrying out any
15works, for that use.

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

(8) 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) 20a right of laying down, erecting, continuing or maintaining apparatus
on, under or over land if it is a protected right.

180 Compensation for overridden easements etc

(1) A person is liable to pay compensation for any interference with a relevant
right or interest or breach of a restriction that is authorised by section 179.

(2) 25The 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) the liability is enforceable against the specified authority, but

(b) 30the 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.

181 Interpretation of sections 179 and 180

(1) In sections 179 and 180—

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

• “other qualifying land” means land in England and Wales that has at any
  time before the day on which this section comes into force been—

  (a)

  acquired by the National Assembly for Wales or the Welsh
  40Ministers under section 21A of the Welsh Development Agency
  Act 1975;

  (b)

  vested in or acquired by an urban development corporation or
  a local highway authority for the purposes of Part 16 of the
  Local Government, Planning and Land Act 1980;

  Housing and Planning BillPage 94

  (c)

  acquired by a development corporation or a local highway
  authority for the purposes of the New Towns Act 1981;

  (d)

  vested in or acquired by a housing action trust for the purposes
  of Part 3 of the Housing Act 1988;

  (e)

  5acquired or appropriated by a local authority for planning
  purposes as defined by section 246(1) of the Town and Country
  Planning Act 1990;

  (f)

  vested in or acquired by the Homes and Communities Agency,
  apart from land the freehold interest in which was disposed of
  10by the Agency before 12 April 2015;

  (g)

  vested in or acquired by the Greater London Authority for the
  purposes of housing or regeneration, apart from land the
  freehold interest in which was disposed of before 12 April
  2015—

  (i)

  15by the Authority, other than to a company or body
  through which it exercises functions in relation to
  housing or regeneration, or

  (ii)

  by such a company or body;

  (h)

  vested in or acquired by a Mayoral development corporation
  20(established under section 198(2) of the Localism Act 2011),
  apart from land the freehold interest in which was disposed of
  by the corporation before 12 April 2015;

• “planning consent” means—

  (a)

  permission under Part 3 of the Town and Country Planning Act
  251990 or section 293A of that Act, or

  (b)

  development consent under the Planning Act 2008;

• “protected right” means—

  (a)

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

  (b)

  30a 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
  paragraph have the meaning given by paragraph 1(1) of
  Schedule 17 to the Communications Act 2003);

• 35“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);

• “specified authority” means—

  (a)

  a Minister of the Crown or the Welsh Ministers or a government
  40department,

  (b)

  a local authority as defined by section 7 of the Acquisition of
  Land Act 1981,

  (c)

  a body established by or under an Act, or

  (d)

  a statutory undertaker;

• 45“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)

  a person in relation to whom the electronic communications
  50code is applied by a direction under section 106(3)(a) of the
  Communications Act 2003;

Housing and Planning BillPage 95

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

(2) The Secretary of State may by regulations amend the definition of “specified
authority” in subsection (1).

182 5Amendments to do with sections 179 and 180

Schedule 19 gets rid of legislation replaced by sections 179 and 180.

Part 8 Public authority land

183 Engagement with public authorities in relation to proposals to dispose of land

(1) 10A Minister of the Crown must, in developing proposals for the disposal of the
Minister’s interest in any land, engage on an ongoing basis with—

(a) each local authority in whose area the land is situated, and

(b) each public authority that is specified, or of a description specified, in
regulations.

(2) 15A relevant public authority must, in developing proposals for the disposal of
the authority’s interest in any land, engage on an ongoing basis with other
relevant public authorities.

(3) In subsection (2), “relevant public authority” means a public authority that is
specified, or of a description specified, in regulations.

(4) 20A person who is subject to a duty under subsection (1) or (2) must have regard
to any guidance given by the Minister for the Cabinet Office about how the
duty is to be complied with.

(5) Subsections (1) and (2) do not apply in relation to proposals in respect of land
that is specified, or of a description specified, in regulations.

(6) 25Regulations under subsection (3) may not be made so as to require a public
authority to carry out engagement under subsection (2)—

(a) in relation to proposals for the disposal of an interest in land in
Scotland, unless the authority is—

(i) a body to which paragraph 3 of Part 3 of Schedule 5 to the
30Scotland Act 1998 applies, or

(ii) Her Majesty’s Revenue and Customs, or

(b) if the authority has functions that are exercisable only in or as regards
Wales and are wholly or mainly functions relating to—

(i) a matter in respect of which functions are exercisable by the
35Welsh Ministers, the First Minister for Wales or the Counsel
General to the Welsh Government, or

(ii) a matter within the legislative competence of the National
Assembly for Wales.

(7) In this section—

• 40“interest” means a freehold or leasehold interest;

• “local authority” means—

  (a)

  a county council,

  Housing and Planning BillPage 96

  (b)

  a county borough council,

  (c)

  a district council,

  (d)

  a London borough council,

  (e)

  a combined authority established under section 103 of the Local
  5Democracy, Economic Development and Construction Act
  2009,

  (f)

  the Common Council of the City of London (in its capacity as a
  local authority),

  (g)

  the Council of the Isles of Scilly, or

  (h)

  10the council for a local government area in Scotland;

• “Minister of the Crown” has the same meaning as in the Ministers of the
  Crown Act 1975 (see section 8(1) of that Act);

• “public authority” means a person with functions of a public nature;

• “regulations” means regulations made by the Minister for the Cabinet
  15Office.

184 Duty of public authorities to prepare report of surplus land holdings

(1) A relevant public authority must, in respect of each reporting period, prepare
and publish a report containing details of surplus land in England and Wales.

(2) A relevant public authority must, in respect of each reporting period, prepare
20and publish a report containing details of surplus land in Scotland.

(3) For the purposes of this section, land is “surplus land” in relation to a relevant
public authority if—

(a) the authority owns an interest in the land,

(b) the authority has determined that the land is surplus to its
25requirements, and

(c) the authority first determined that the land was surplus to its
requirements—

(i) in the case of land used wholly or mainly for residential
purposes, at any time before the beginning of the period of 6
30months ending with the last day of the reporting period, and

(ii) in the case of other land, at any time before the beginning of the
period of two years ending with that day.

(4) In this section, “relevant public authority” means a public authority that is
specified, or of a description specified, in regulations.

(5) 35In determining whether land is surplus to its requirements, and in carrying out
its other functions under this section, a relevant public authority must have
regard to guidance given by the Secretary of State.

(6) A report prepared by a relevant public authority must explain why the
authority has not disposed of surplus land.

(7) 40Regulations may provide that the definition of “surplus land” in subsection (3)
applies in relation to public authorities that are specified, or of a description
specified, in the regulations as if subsection (3)(c) were omitted.

(8) Regulations may provide that the duty under subsection (1) or (2) does not
apply in respect of specified land or descriptions of land.

(9) Regulations may make further provision about reports under this section,
including—

(a) provision about their form and timing,

(b) provision specifying information to be included in reports, and

(c) 5provision about their publication.

(10) Regulations may not specify a public authority for the purposes of subsection
(1) if the authority has functions—

(a) that are exercisable only in or as regards Wales, and

(b) that are wholly or mainly functions relating to—

(i) 10a matter in respect of which functions are exercisable by the
Welsh Ministers, the First Minister for Wales or the Counsel
General to the Welsh Government, or

(ii) a matter within the legislative competence of the National
Assembly for Wales.

(11) 15Regulations may not specify a public authority for the purposes of subsection
(2) unless it is—

(a) a body to which paragraph 3 of Part 3 of Schedule 5 to the Scotland Act
1998 applies, or

(b) Her Majesty’s Revenue and Customs.

(12) 20In this section—

• “interest” means a freehold or leasehold interest;

• “public authority” means a person with functions of a public nature;

• “regulations” means regulations made by the Secretary of State;

• “reporting period” means the period (not exceeding 12 months) specified
  25by or determined in accordance with regulations.

185 Power to direct bodies to dispose of land

(1) Section 98 of the Local Government, Planning and Land Act 1980 (disposal of
land at direction of Secretary of State) is amended as follows.

(2) Before subsection (1) insert—

“(A1) 30Where a body to which this Part applies is a relevant public authority,
the Secretary of State may in specified circumstances direct the body to
take steps for the disposal of the body’s freehold or leasehold interest
in any land or any lesser interest in the land.

(B1) In subsection (A1)—

(a) 35“relevant public authority” has the same meaning as in section
184 of the Housing and Planning Act 2016;

(b) “specified” means specified by the Secretary of State in
regulations made by statutory instrument;

(c) the reference to steps for the disposal of an interest in land is a
40reference to steps which it is necessary to take to dispose of the
interest and which it is in the body’s power to take.”

(3) After subsection (9) insert—

“(10) A statutory instrument containing regulations made by virtue of
subsection (A1) is subject to annulment in pursuance of a resolution of
45either House of Parliament.”

186 Reports on improving efficiency and sustainability of buildings owned by
local authorities

(1) Each authority listed in Schedule 20 must prepare, in respect of each year
(beginning with 2017), a report containing a buildings efficiency and
5sustainability assessment.

(2) A “buildings efficiency and sustainability assessment” is an assessment of the
progress made by the authority, in the year to which the report relates, towards
improving the efficiency and contribution to sustainability of buildings that are
part of the authority’s estate.

(3) 10A report must, in particular, include an assessment of the progress made by the
authority, in the year to which the report relates, towards—

(a) reducing the size of the authority’s estate, and

(b) ensuring that buildings that become part of the authority’s estate fall
within the top quartile of energy performance.

(4) 15If a building that does not fall within the top quartile of energy performance
becomes part of the authority’s estate in the year to which the report relates,
the report must explain why the building has nevertheless become part of the
authority’s estate.

(5) A report under this section must be published not later than 1 June in the year
20following the year to which it relates.

(6) In carrying out its functions under this section, an authority must have regard
to guidance given by the Minister for the Cabinet Office.

(7) For the purposes of this section, a building is part of an authority’s estate if—

(a) the building is situated in the authority’s area, and

(b) 25the authority has a freehold or leasehold interest in the building.

(8) The Minister for the Cabinet Office may by regulations provide for buildings
of a specified description to be treated as being, or as not being, part of an
authority’s estate for the purposes of this section.

(9) In this section, “building” means a building that uses energy for heating or
30cooling the whole or any part of its interior.

187 Reports on improving efficiency and sustainability of buildings in military
estate

(1) Section 86 of the Climate Change Act 2008 (report on the civil estate) is
amended as follows.

(2) 35In subsection (1)—

(a) the text from “buildings” to the end becomes paragraph (a), and

(b) after that paragraph insert “, and

(b) buildings that are part of the military estate.”

(3) In subsection (2)—

(a) 40in paragraph (a), after “estate” insert “and the military estate”, and

(b) in paragraph (b), after “estate” insert “or the military estate”.

(4) In subsection (3)—

(a) after “estate”, in the first place it occurs, insert “or the military estate”,
and

(b) for “civil estate”, in the second place it occurs, insert “the estate in
question”.

(5) 5After subsection (7) insert—

“(7A) For the purposes of this section, a building is part of the military estate
if—

(a) it is not part of the civil estate,

(b) the Secretary of State has a freehold or leasehold interest in the
10building, and

(c) it is used by or for the purposes of Her Majesty’s armed forces.

(7B) The Minister for the Cabinet Office may by order provide for buildings
of a specified description to be treated as being, or as not being, part of
the military estate for the purposes of this section.”

(6) 15In subsection (8), for “Any such order” substitute “An order under subsection
(7) or (7B)”.

(7) In the heading, after “estate” insert “and the military estate”.

Part 9 General

188 20Power to make transitional provision

The 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.

189 Power to make consequential provision

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

190 Regulations: general

(1) 30Regulations under this Act are to be made by statutory instrument.

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

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

(b) regulations under section 72(9);

(c) regulations under section 83 that amend or repeal a provision of an Act,

(d) 35regulations under section 97 or paragraph 44 of Schedule 5,

(e) regulations under section 181(2),

(f) regulations under section 189 that amend or repeal a provision of an
Act, or

(g) regulations under paragraph 8 of Schedule 15 that amend or repeal a
40provision of an Act,