Housing and Planning Bill (HL Bill 87)

Housing and Planning BillPage 170

Local Government, Planning and Land Act 1980 (c. 65)

11 (1) Section 167 of the Local Government, Planning and Land Act 1980 is
amended as follows.

(2) In the heading, after “land” insert “in Scotland”.

(3) 5In subsection (1)—

(a) in paragraph (a) after “any land” insert “in Scotland”;

(b) in paragraph (b) after “other land” insert “in Scotland”.

(4) In subsection (7)—

(a) for the words before paragraph (a) substitute “Where it is proposed
10to search or bore in pursuance of this section in a road within the
meaning of Part 4 of the New Roads and Street Works Act 1991—”;

(b) in paragraph (a) omit “55 or”;

(c) in paragraph (b) omit “69 or”;

(d) in paragraph (c) omit “82 or”;

(e) 15for the words after paragraph (c) substitute “have effect in relation to
the searching or boring as if they were road works within the
meaning of Part 4 of that Act.”

(5) In subsection (9)—

(a) for “Upper Tribunal” substitute “Lands Tribunal for Scotland”;

(b) 20for the words from “section 4” to “costs)” substitute “sections 9(2) to
(5) and 11 of the Land Compensation (Scotland) Act 1963 (procedure
and expenses)”.

(6) Omit subsection (13).

Highways Act 1980 (c. 66)

12 25In section 289 of the Highways Act 1980, after subsection (1) insert—

(1A) A person may not be authorised under subsection (1) to enter and
survey or value land in connection with a proposal to acquire an
interest in or a right over land (but see section 152 of the Housing and
Planning Act 2016).”

30New Towns Act 1981 (c. 64)

13 In section 73(1) of the New Towns Act 1981 omit paragraph (b) (and the “or”
before it).

Civil Aviation Act 1982 (c. 16)

14 (1) Section 50 of the Civil Aviation Act 1982 is amended as follows.

(2) 35In subsection (1), for paragraph (e) substitute—

(e) in any case not falling within paragraphs (a) to (d) above
where the Secretary of State has made an order under or in
pursuance of this Part of this Act—

(i) authorising the compulsory purchase of land,

(ii) 40providing for the creation in favour of a particular
person of a right in or in relation to land, or

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(iii) declaring that an area of land shall be subject to
control by directions.

(f) in any case not falling within paragraphs (a) to (d) above
where the Secretary of State is considering making an order
5under or in pursuance of this Part of this Act—

(i) authorising the compulsory purchase of land in
Scotland or Northern Ireland,

(ii) providing for the creation in favour of a particular
person of a right in or in relation to land in Scotland
10or Northern Ireland, or

(iii) declaring that an area of land in England and Wales,
Scotland or Northern Ireland shall be subject to
control by directions.”

(3) In subsection (3)(e), after “(1)(e)” insert “or (f)”.

(4) 15In subsection (4)(b), after “(1)(e)” insert “or (f)”.

(5) In subsection (7)(c), after “(1)(e)” insert “or (f)”.

Industrial Development Act 1982 (c. 52)

15 In section 14 of the Industrial Development Act 1982 omit subsection (6).

Housing Act 1985 (c. 68)

16 20In section 54 of the Housing Act 1985, after subsection (2) insert—

(3) A person may not be authorised by a local housing authority under
subsection (1)(a) to enter and survey or value land in connection with
a proposal to acquire an interest in or a right over land (but see
section 152 of the Housing and Planning Act 2016).”

25Local Government and Housing Act 1989 (c. 42)

17 In section 97 of the Local Government and Housing Act 1989, after
subsection (1) insert—

(1A) A person may not be authorised by a local housing authority under
subsection (1)(a) to enter and survey or value land in connection with
30a proposal to acquire an interest in or a right over land (but see
section 152 of the Housing and Planning Act 2016).”

Electricity Act 1989 (c. 29)

18 In Schedule 4 to the Electricity Act 1989, in paragraph 10, after sub-
paragraph (1) insert—

(1A) 35A person may not be authorised under sub-paragraph (1) to enter
and survey or value land in England and Wales in connection with
a proposal to acquire an interest in or a right over land (but see
section 152 of the Housing and Planning Act 2016).”

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Town and Country Planning Act 1990 (c. 8)

19 In section 324 of the Town and Country Planning Act 1990 omit subsection
(6).

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

20 5In section 88 of the Planning (Listed Buildings and Conservation Areas) Act
1990 omit subsection (5).

Land Drainage Act 1991 (c. 59)

21 In section 64 of the Land Drainage Act 1991, after subsection (1) insert—

(1A) A person may not be authorised under subsection (1)(a) or (b) to
10enter and survey or value land in connection with a proposal to
acquire an interest in or a right over land (but see section 152 of the
Housing and Planning Act 2016).”

Water Industry Act 1991 (c. 56)

22 (1) Section 169 of the Water Industry Act 1991 is amended as follows.

(2) 15In subsection (2) omit paragraph (a) (and the “or” at the end of it).

(3) In subsection (4), for the words before paragraph (a) substitute “The powers
conferred by this section or section 152 of the Housing and Planning Act
2016 shall not be exercised on behalf of a water undertaker in any case for
purposes connected with the determination of—”.

20Water Resources Act 1991 (c. 57)

23 (1) Section 171 of the Water Resources Act 1991 is amended as follows.

(2) In subsection (2) omit paragraph (a) (and the “or” at the end of it).

(3) In subsection (4), for the words before paragraph (a) substitute “The powers
conferred by this section or section 152 of the Housing and Planning Act
252016 shall not be exercised on behalf of the Agency or the NRBW in any case
for purposes connected with the determination of—”.

Environment Act 1995 (c. 25)

24 (1) Schedule 8 to the Environment Act 1995 is amended as follows.

(2) In paragraph 1(2) omit paragraph (b).

(3) 30In paragraph 2(3)—

(a) at the end of paragraph (a) insert “and”;

(b) omit paragraph (c) (and the “and” before it).

Greater London Authority Act 1999 (c. 29)

25 In the Greater London Authority Act 1999 omit section 333ZD.

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Postal Services Act 2000 (c. 26)

26 In Schedule 6 to the Postal Services Act 2000, in paragraph 2, after sub-
paragraph (2) insert—

(2A) A person may not be authorised under sub-paragraph (1) to enter
5and survey or value land in England and Wales in connection with
a proposal to acquire an interest in or a right over land (but see
section 152 of the Housing and Planning Act 2016).”

Housing and Regeneration Act 2008 (c. 17)

27 In the Housing and Regeneration Act 2008 omit sections 17 and 18.

10Localism Act 2011 (c. 20)

28 In the Localism Act 2011 omit section 210.

Section 163

SCHEDULE 15 Notice of general vesting declaration procedure

New notice requirements

1 15The Acquisition of Land Act 1981 is amended as follows.

2 (1) Section 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
20and 3 of the Compulsory Purchase (Vesting Declarations) Act
1981;

(f) inviting any person who would be entitled to claim
compensation if a declaration were executed under section 4
of that Act to give the acquiring authority information about
25the person’s name, address and interest in land, using a
prescribed 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) 30Paragraph 6 of Schedule 1 (purchase by Minister: notices after making of
order) 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
351981;

(f) inviting any person who would be entitled to claim
compensation if a declaration were executed under section 4
of that Act to give the acquiring authority information about

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the person’s name, address and interest in land, using a
prescribed form.”

(3) After sub-paragraph (5) insert—

(6) The Minister must send the making notice to the Chief Land
5Registrar and it shall be a local land charge.”

Consequential amendments

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

5 Omit section 3 (preliminary notices).

6 10In 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
“section 3(1) above” substitute “section 15 of, or paragraph 6 of Schedule 1
to, the Acquisition of Land Act 1981”.

15Power 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
Schedule.

(2) 20“Legislation” means any provision made by or under an Act passed or made
before this Act or in the same Session.

Section 169

SCHEDULE 16 Abolition of alternative possession procedure following notice to treat

Land Compensation Act 1961 (c. 33)

1 25In 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)

2 The Compulsory Purchase Act 1965 is amended as follows.

3 30In 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 Omit Schedule 3.

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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)

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

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 10In 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 15In section 57(1) omit “, under Schedule 3 to the Compulsory Purchase Act
1965”.

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

14 In section 29(1)(a) of the Local Government (Miscellaneous Provisions) Act
1976 omit “or 3”.

20Ancient 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)

16 In section 80(2) of the Planning and Compensation Act 1991 omit “or
25Schedule 3 to the Compulsory Purchase Act 1965”.

Planning Act 2008 (c. 29)

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

Section 176

SCHEDULE 17 Objection to division of land following notice to treat

30Part 1 Amendments to Compulsory Purchase Act 1965

1 The Compulsory Purchase Act 1965 is amended as follows.

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

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

(a) 5house, building or factory, or

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

3 After Schedule 2 insert—

Section 8

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

10Part 1 Counter-notice where acquiring authority has not taken possession
Introduction

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

(a) serve a notice to treat in respect of part only of a house,
15building or factory,

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

(c) have not executed a general vesting declaration under
section 4 of the Compulsory Purchase (Vesting
20Declarations) 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
which a compulsory purchase order can exclude from this
Schedule land that is 9 metres or more below the surface).

2 25In this Part—

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

  • “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 notice to treat;

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

Counter-notice requiring authority to purchase whole of land

3 A person who is able to sell the whole of the land (“the owner”)
35may 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) the period of 28 days beginning with the day on which the
notice to treat was served, or

(b) 40if it would end earlier, the period specified in a repeat
notice of entry served in accordance with section 11A.

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Effect of counter-notice on notice of entry

5 If 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
5ceases to have effect, and

(b) the acquiring authority may not serve a notice of entry (or
a 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.

10Acquiring authority must respond to counter-notice within three months

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

(a) withdraw the notice to treat,

(b) accept the counter-notice, or

(c) 15refer 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
20Tribunal 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.

25Effects 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
30whole 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
35serve 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
40land must be a period that ends no earlier than the end of the
period in the most recent notice of entry.

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Part 2 Counter-notice where authority has taken possession
Introduction

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

(a) 5have 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
not served a notice to treat or otherwise, and

(c) 10have not executed 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) But see section 2A of the Acquisition of Land Act 1981 (under
15which a compulsory purchase order can exclude from this
Schedule land that is 9 metres or more below the surface).

14 In this Part—

  • “additional land” means the part of the house, building, or
    factory that the authority have not entered on and taken
    20possession of;

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

  • “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
    2511(1);

  • “whole of the land” means the land proposed to be acquired
    and 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”)
30may serve a counter-notice requiring the acquiring authority to
purchase the owner’s interest in the whole of the land.

16 A 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
35had entered on and taken possession of the land, or

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

Acquiring authority must respond to counter-notice within 3 months

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

(a) 40accept the counter-notice, or

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

18 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”).

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

20 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
5of 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
of a decision to accept the counter-notice.

(2) The compulsory purchase order has effect as if it included the
10owner’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
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
15must 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
20acquiring 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
25land 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
30belongs.

(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) 35if 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
40described 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.