Housing and Planning Bill (HL Bill 87)

Planning permission etc

138 Approval condition where development order grants permission for building

(1) In section 60 of the Town and Country Planning Act 1990 (permission granted
by development order), after subsection (1) insert—

“(1A) 5Without prejudice to the generality of subsection (1), where planning
permission is granted by a development order for building operations
in England, the order may require the approval of the local planning
authority, or the Secretary of State, to be obtained—

(a) for those operations, or

(b) 10with respect to any matters that relate to those operations, or to
the use of the land in question following those operations, and
are specified in the order.”

(2) In subsection (2) of that section, after “any buildings” insert “in Wales”.

(3) In subsection (2B) of that section, for “subsection (1)” substitute “subsections
15(1) and (1A)”.

(4) In section 70A of that Act (power to decline to determine subsequent
application), in subsection (5)(b), for “section 60(2)” substitute “section 60(1A),
(2)”.

139 Planning applications that may be made directly to Secretary of State

(1) 20In section 62A of the Town and Country Planning Act 1990 (when application
may be made directly to Secretary of State), in subsection (1), for paragraphs
(a) and (b) substitute—

“(a) the local planning authority concerned is designated by the
Secretary of State for applications of a description specified in
25the designation;

(b) the application falls within that description.”

(2) After that subsection insert—

“(1A) Only prescribed descriptions of application may be specified in a
designation under subsection (1).”

(3) 30For subsection (2) of that section substitute—

“(2) In this section “relevant application” means—

(a) an application for planning permission, or permission in
principle, for the development of land in England, or

(b) an application for approval of a matter that, as defined by
35section 92, is a reserved matter in the case of an outline planning
permission for the development of land in England,

but does not include an application of the kind described in section
73(1) or an application of a description excluded by regulations.”

(4) In subsection (3)(a)(i) of that section omit “, or for conservation area consent,”.

(5) 40In section 62B of that Act (designation for the purposes of section 62A), after

subsection (1) insert—

“(1A) A document to which subsection (2) applies may set out different
criteria for each description of application prescribed under section
62A(1A).”

140 5Local planning authorities: information about financial benefits

After section 75 of the Town and Country Planning Act 1990 insert—

““Local planning authorities: information about financial benefits

75ZA Certain planning reports to contain information about financial
benefits

(1) 10A local planning authority in England must make arrangements to
ensure that the required financial benefits information is included in
each report which—

(a) is made by an officer or agent of the authority for the purposes
of a non-delegated determination of an application for planning
15permission, and

(b) contains a recommendation as to how the authority should
determine the application in accordance with section 70(2).

(2) The required financial benefits information is—

(a) a list of any financial benefits (whether or not material to the
20application) which are local finance considerations or benefits
of a prescribed description, and which appear to the person
making the report to be likely to be obtained—

(i) by the authority, or

(ii) by a person of a prescribed description or (if regulations
25so provide) by any person,

as a result of the proposed development (if it is carried out);

(b) in relation to each listed financial benefit, a statement of the
opinion of the person making the report as to whether the
benefit is material to the application;

(c) 30any other prescribed information about a listed financial
benefit.

(3) In this section—

• “local finance consideration” has the same meaning as in section
  70;

• 35“non-delegated determination” means a determination that is not
  delegated to an officer of the authority in question;

• “officer” includes employee.

(4) Regulations under this section may—

(a) prescribe a description of financial benefits by reference to the
40amount or value of the benefit;

(b) make different provision for different kinds of local planning
authority or different kinds of development.”

141 Planning applications etc: setting of fees

In section 303 of the Town and Country Planning Act 1990 (fees for planning
applications etc), after subsection (8) insert—

“(8A) If a draft of regulations of the Secretary of State under this section
5would, apart from this subsection, be treated as a hybrid instrument for
the purposes of the standing orders of either House of Parliament, it is
to proceed in that House as if it were not a hybrid instrument.”

Planning obligations

142 Resolution of disputes about planning obligations

(1) 10After section 106 of the Town and Country Planning Act 1990 (planning
obligations) insert—

“106ZA Resolution of disputes about planning obligations

Schedule 9A (resolution of disputes about planning obligations) has
effect.”

(2) 15After Schedule 9 to that Act insert, as Schedule 9A, the Schedule set out in
Schedule 13 to this Act.

(3) In section 106 of that Act, in subsection (1), for “and sections 106A to 106C”
substitute “, sections 106A to 106C and Schedule 9A.

143 Planning obligations and affordable housing

(1) 20After section 106ZA of the Town and Country Planning Act 1990 (inserted by
section 142 above) insert—

“106ZB Enforceability of planning obligations regarding affordable
housing

(1) Regulations made by the Secretary of State may impose restrictions or
25conditions on the enforceability of planning obligations entered into
with regard to the provision of—

(a) affordable housing, or

(b) prescribed descriptions of affordable housing.

(2) Regulations under this section—

(a) 30may make consequential, supplementary, incidental,
transitional or saving provision;

(b) may impose different restrictions or conditions (or none)
depending on the size, scale or nature of the site or the proposed
development to which any planning obligations would relate.

35Paragraph (b) is without prejudice to the generality of section 333(2A).

(3) In this section “affordable housing” means new dwellings in England
that—

(a) are to be made available for people whose needs are not
adequately served by the commercial housing market, or

(b) 40are starter homes within the meaning of Chapter 1 of Part 1 of
the Housing and Planning Act 2016 (see section 2 of that Act).

(4) “New dwelling” here means a building or part of a building that—

(a) has been constructed for use as a dwelling and has not
previously been occupied, or

(b) has been adapted for use as a dwelling and has not been
5occupied since its adaptation.

(5) The Secretary of State may by regulations amend this section so as to
modify the definition of “affordable housing”.”

(2) In section 333 of that Act (regulations and orders), after subsection (3) insert—

“(3ZA) No regulations may be made under section 106ZB unless a draft of the
10instrument containing the regulations has been laid before, and
approved by a resolution of, each House of Parliament.”

Nationally significant infrastructure projects

144 Development consent for projects that involve housing

(1) Section 115 of the Planning Act 2008 (development for which development
15consent may be granted) is amended as follows.

(2) At the end of subsection (1) insert “, or

(c) related housing development.”

(3) In subsection (2)(b), for “is not” substitute “does not consist of or include”.

(4) Before subsection (5) insert—

“(4B) 20“Related housing development” means development which—

(a) consists of or includes the construction or extension of one or
more dwellings,

(b) is on the same site as, or is next to or close to, any part of the
development within subsection (1)(a), or is otherwise
25associated with that development (or any part of it),

(c) is to be carried out wholly in England, and

(d) meets the condition in subsection (4C).

(4C) Development meets the condition in this subsection if the development
within subsection (1)(a) to which it is related is to be carried out in one
30or more of the following areas—

(a) England;

(b) waters adjacent to England up to the seaward limits of the
territorial sea.”

(5) In subsection (5), after “associated development” insert “or related housing
35development”.

(6) At the end insert—

“(7) The Secretary of State, in deciding an application for an order granting
development consent for development that includes related housing
development, must take into account any matters set out in guidance
40published by the Secretary of State.”

Powers for piloting alternative provision of processing services

145 Processing of planning applications by alternative providers

(1) The Secretary of State may by regulations make provision for a planning
application that falls to be determined by a specified local planning authority
5in England to be processed, if the applicant so chooses, not by that authority
but by a designated person.

(2) The regulations must provide that the option to have a planning application
processed by a designated person—

(a) does not affect a local planning authority’s responsibility for
10determining planning applications, and

(b) applies only until a specified date.

(3) The regulations may provide that—

(a) they apply only to planning applications for development of a specified
description;

(b) 15designations of persons by the Secretary of State (see subsection (7))
may be made so as to apply only in relation to planning applications for
development of a specified description.

(4) The regulations may—

(a) apply or disapply, in relation to England, any enactment about
20planning;

(b) modify the effect of any such enactment in relation to England.

(5) Sections 146 to 148, which set out matters that may be included in regulations
under this section, do not limit the power in section 190(5) (to make
supplementary provision etc).

(6) 25For the purposes of this group of sections (that is, this section and sections 146
to 148, processing a planning application means taking any action in relation
to the application (other than determining it) of a kind that—

(a) might otherwise be taken by or for the responsible planning authority,
and

(b) 30is specified in the regulations.

(7) In this group of sections “designated person” means a person—

(a) who is designated by the Secretary of State in accordance with the
regulations, and

(b) whose designation has not been withdrawn in accordance with the
35regulations.

The Secretary of State may designate a local planning authority.

(8) In this group of sections—

• “local planning authority” has the same meaning as in the Town and
  Country Planning Act 1990;

• 40“planning application” means an application for planning permission
  under Part 3 of that Act;

• “responsible planning authority”, in relation to a planning application,
  means the local planning authority responsible for determining the
  application;

• 45“specified” means specified in regulations under this section.

146 Regulations under section 145: general

(1) Regulations under section 145 may make provision—

(a) requiring a designated person to process a planning application, except
in specified circumstances, if chosen to do so by an applicant;

(b) 5allowing a responsible planning authority to take over the processing
of a planning application from a designated person in specified
circumstances.

(2) The regulations may make provision about—

(a) eligibility to act as a designated person;

(b) 10the capacity of a local planning authority to act as a designated person;

(c) actions to be taken or procedures to be followed—

(i) by persons making planning applications,

(ii) by designated persons, or

(iii) by responsible planning authorities,

15and periods within which the actions or procedures are to be taken or
followed;

(d) matters to be considered by designated persons or responsible
planning authorities;

(e) performance standards for designated persons;

(f) 20the investigation of complaints or concerns about designated persons;

(g) the circumstances in which, and the extent to which, any advice
provided by a designated person to a person making a planning
application is binding—

(i) on the responsible planning authority, or

(ii) 25on designated persons other than the one providing the advice;

(h) cases where a person ceases to be a designated person or where a
designated person is unable to continue processing a planning
application.

(3) The provision that may be made under subsection (2)(c) includes provision
30requiring a designated person to provide assistance to the responsible
planning authority in connection with—

(a) any appeal against the authority’s determination of the application;

(b) any application to the court made in relation to that determination.

(4) The provision that may be made under subsection (2)(f) includes—

(a) 35provision about the payment of compensation;

(b) provision for a designated person to be required to indemnify the
responsible authority for any compensation that the authority is
required to pay;

(c) provision applying anything in Part 3 of the Local Government Act
401974 (local government administration) with or without modifications.

(5) The regulations may confer powers on the Mayor of London or the Secretary
of State in cases where a direction is given under section 2A or 77 of the Town
and Country Planning Act 1990 (“call-in” directions).

147 Regulations under section 145: fees and payments

(1) 45Regulations under section 145 may make provision about—

(a) the setting, publication and charging of fees by designated persons or
responsible planning authorities;

(b) the refunding of fees, by designated persons or responsible planning
authorities, in specified circumstances.

(2) 5The provision that may be made under subsection (1)(a) includes provision
giving power to the Secretary of State to prevent the charging of fees that he or
she considers excessive.

(3) The provision that may be made under subsection (1)(b) includes provision
requiring a designated person or a responsible planning authority to refund to
10an applicant some or all of a fee paid by the applicant to a designated person
where the person or the authority fails to do a particular thing within a
specified period.

(4) The regulations may authorise the making of payments by the Secretary of
State to local planning authorities or designated persons.

148 15Regulations under section 145: information

(1) Regulations under section 145 may make provision—

(a) requiring responsible planning authorities to disclose information to
designated persons;

(b) requiring designated persons to disclose information to responsible
20planning authorities or to other designated persons;

(c) restricting the uses to which information disclosed by virtue of
paragraph (a) or (b) may be put;

(d) restricting further disclosure of such information.

(2) The regulations may make provision for designated persons or responsible
25planning authorities to be required to provide information to the Secretary of
State.

Urban development corporations

149 Designation of urban development areas: procedure

(1) Section 134 of the Local Government, Planning and Land Act 1980 (urban
30development areas) is amended as follows.

(2) After subsection (1) insert—

“(1A) Before making an order under subsection (1) in relation to land in
England, the Secretary of State must consult the following persons—

(a) persons who appear to the Secretary of State to represent those
35living within, or in the vicinity of, the proposed urban
development area;

(b) persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of, the
proposed urban development area;

(c) 40each local authority for an area which falls wholly or partly
within the proposed urban development area; and

(d) any other person whom the Secretary of State considers it
appropriate to consult.”

(3) For subsection (4) substitute—

“(4) A statutory instrument containing an order made by the Secretary of
State under subsection (1) is subject to annulment in pursuance of a
resolution of either House of Parliament.

(4A) 5An order made by the Welsh Ministers under subsection (1) (by virtue
of paragraph 30 of Schedule 11 to the Government of Wales Act 2006)
does not have effect until approved by a resolution of the Welsh
Assembly.

(4B) An order made by the Scottish Ministers under subsection (1) (by virtue
10of section 53 of the Scotland Act 1998) is subject to the affirmative
procedure (see Part 2 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10)2010 (asp 10)).”

150 Establishment of urban development corporations: procedure

(1) Section 135 of the Local Government, Planning and Land Act 1980 (urban
15development corporations) is amended as follows.

(2) After subsection (1) insert—

“(1A) Before making an order under this section in relation to an urban
development area in England, the Secretary of State must consult the
following persons—

(a) 20persons who appear to the Secretary of State to represent those
living within, or in the vicinity of, the urban development area;

(b) persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of, the
urban development area;

(c) 25each local authority for an area which falls wholly or partly
within the urban development area; and

(d) any other person whom the Secretary of State considers it
appropriate to consult.”

(3) For subsection (3) substitute—

“(3) 30A statutory instrument containing an order made by the Secretary of
State under this section is subject to annulment in pursuance of a
resolution of either House of Parliament.

(3A) An order made by the Welsh Ministers under this section (by virtue of
paragraph 30 of Schedule 11 to the Government of Wales Act 2006)
35does not have effect until approved by a resolution of the Welsh
Assembly.

(3B) An order made by the Scottish Ministers under this section (by virtue
of section 53 of the Scotland Act 1998) is subject to the affirmative
procedure (see Part 2 of the Interpretation and Legislative Reform
40(Scotland) Act 2010 (asp 10)2010 (asp 10)).”

151 Sections 149 and 150: consequential repeals

In the Deregulation Act 2015, omit sections 46 and 47.

Part 7 Compulsory purchase etc

Right to enter and survey land

152 Right to enter and survey land

(1) 5A person authorised in writing by an acquiring authority may enter and
survey or value land in connection with a proposal to acquire an interest in or
a right over land.

(2) The person—

(a) may only enter and survey or value land at a reasonable time, and

(b) 10may not use force unless a justice of the peace has issued a warrant
under section 153(1) authorising the person to do so.

(3) The person must, if required when exercising or seeking to exercise the power
conferred by subsection (1), produce—

(a) evidence of the authorisation, and

(b) 15a copy of any warrant issued under section 153(1).

(4) An authorisation under subsection (1) may relate to the land which is the
subject of the proposal or to other land.

(5) If the land is unoccupied or the occupier is absent from the land when the
person enters it, the person must leave it as secure against trespassers as when
20the person entered it.

(6) In this section and sections 153 to 158 “acquiring authority” and “owner” have
the meanings given in section 7 of the Acquisition of Land Act 1981.

153 Warrant authorising use of force to enter and survey land

(1) A justice of the peace may issue a warrant authorising a person to use force in
25the exercise of the power conferred by section 152(1) if satisfied—

(a) that another person has prevented or is likely to prevent the exercise of
that power, and

(b) that it is reasonable to use force in the exercise of that power.

(2) The force that may be authorised by a warrant is limited to that which is
30reasonably necessary.

(3) A warrant authorising the person to use force must specify the number of
occasions on which the authority can rely on the warrant when entering and
surveying or valuing land.

(4) The number specified must be the number which the justice of the peace
35considers appropriate to achieve the purpose for which the entry and survey
or valuation are required.

(5) Any evidence in proceedings for a warrant under this section must be given on
oath.

154 Notice of survey and copy of warrant

(1) The acquiring authority must give every owner or occupier of land at least 14
days’ notice before the first day on which the authority intends to enter the
land in exercise of the power conferred by section 152.

(2) 5Notice given in accordance with subsection (1) must include—

(a) a statement of the recipient’s rights under section 156, and

(b) a copy of the warrant, if there is one.

(3) If the authority proposes to do any of the following, the notice must include
details of what is proposed—

(a) 10searching, boring or excavating;

(b) leaving apparatus on the land;

(c) taking samples;

(d) an aerial survey;

(e) carrying out any other activities that may be required to facilitate
15compliance with the instruments mentioned in subsection (5).

(4) If the authority obtains a warrant after giving notice in accordance with
subsection (1) it must give a copy of the warrant to all those to whom it gave
that notice.

(5) The instruments referred to in subsection (3)(e) are—

(a) 20Council Directive 85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the environment, as
amended from time to time,

(b) Council Directive 92/43/EC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora, as amended from time to
25time, or

(c) any EU instrument from time to time replacing all or part of those
Directives.

155 Enhanced authorisation procedures etc. for certain surveys

(1) A written authorisation from the appropriate Minister is required before a
30person enters and surveys or values land in exercise of the power conferred by
section 152 if—

(a) the land is held by a statutory undertaker,

(b) within the notice period mentioned in section 154(1), the statutory
undertaker objects to the proposed entry and survey or valuation in
35writing to the acquiring authority, and

(c) the objection is that the proposed entry and survey or valuation would
be seriously detrimental to the statutory undertaker carrying on its
undertaking.

(2) In subsection (1)—

• 40“the appropriate Minister” means—

  (a)

  in the case of land in Wales held by a water or sewerage
  undertaker, the Welsh Ministers, and

  (b)

  in any other case, the Secretary of State;

• “statutory undertaker” means—

  (a)

  45any person who is, or who is deemed to be, a statutory
  undertaker for the purposes of section 16 or 17 of the

  Housing and Planning BillPage 80

  Acquisition of Land Act 1981 or of any provision of Part 11 of
  the Town and Country Planning Act 1990, and

  (b)

  any person in relation to whom the electronic communications
  code is applied by a direction under section 106(3)(a) of the
  5Communications Act 2003.

(3) Where the survey or valuation is to take place in a street, the following sections
of the New Roads and Street Works Act 1991 apply to the survey or valuation
as if it were street works—

(a) section 55 (notice of starting date of works),

(b) 10section 69 (requirements to be complied with where works likely to
affect another person’s apparatus in the street), and

(c) section 82 (liability for damage or loss caused).

(4) In the application of those sections references to an “undertaker” are to be read
as references to the acquiring authority which authorised the survey or
15valuation.

(5) See section 169(4) of the Water Industry Act 1991 and section 171(4) of the
Water Resources Act 1991 for additional procedures in relation to the exercise
of the power in section 152 on behalf of a water undertaker, the Environment
Agency or the Natural Resources Body for Wales.

156 20Right to compensation after entry on or survey of land

(1) A person interested in land is entitled to compensation from the acquiring
authority for damage as a result of the exercise of the power conferred by
section 152.

(2) Any disputes relating to compensation under this section are to be determined
25by the Upper Tribunal.

(3) The provisions of section 4 of the Land Compensation Act 1961 apply to the
determination of such disputes, with any necessary modifications.

157 Offences in connection with powers to enter land

(1) A person who without reasonable excuse obstructs another person in the
30exercise of the power conferred by section 152 commits an offence.

(2) A person who commits an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(3) A person commits an offence if the person discloses confidential information,
obtained in the exercise of the power conferred by section 152, for purposes
35other than those for which the power was exercised.

(4) A person who commits an offence under subsection (3) is liable—

(a) on summary conviction to a fine,

(b) on conviction on indictment to imprisonment for a term not exceeding
2 years or to a fine, or both.

(5) 40In subsection (3) “confidential information” means information—

(a) which constitutes a trade secret, or

(b) the disclosure of which would or would be likely to prejudice the
commercial interests of any person.

158 Right to enter and survey or value Crown land

(1) Sections 152 to 157 apply in relation to Crown land.

(2) But a person may only exercise the power conferred by section 152 in relation
to Crown land if the person has the permission of the appropriate authority.

(3) 5In this section, “Crown land” and “the appropriate authority” have the
meaning given in section 293 of the Town and Country Planning Act 1990.

159 Amendments to do with sections 152 to 158

Schedule 14 amends legislation conferring rights of entry relating to the
acquisition of an interest in or a right over land in England and Wales.

10Confirmation and time limits

160 Timetable for confirmation of compulsory purchase order

After section 14A of the Acquisition of Land Act 1981 (confirmation by
acquiring authorities) insert—

“14B Timetables for confirmation of CPOs except by Welsh Ministers

(1) 15The Secretary of State must publish one or more timetables in relation
to steps to be taken by confirming authorities, other than the Welsh
Ministers, in confirming a compulsory purchase order.

(2) Different timetables may be published in relation to—

(a) different confirming authorities, or

(b) 20different types of compulsory purchase order.

(3) The Secretary of State may at any time revise a timetable published
under this section.

(4) The validity of an order is not affected by any failure to comply with a
timetable published under this section.

(5) 25The Secretary of State must lay before Parliament an annual report
showing the extent to which confirming authorities have complied
with any applicable timetable published under this section.

(6) A report laid by the Secretary of State under this section need not
include information about a confirming authority if the number of
30compulsory purchase orders submitted to it is lower than a minimum
specified by the Secretary of State in the report.

14C Timetables for confirmation of CPOs by Welsh Ministers

(1) The Welsh Ministers may publish one or more timetables in relation to
steps to be taken by them in confirming a compulsory purchase order.

(2) 35Different timetables may be published in relation to different types of
compulsory purchase order.

(3) The Welsh Ministers may at any time revise a timetable published
under this section.

(4) The validity of an order is not affected by any failure to comply with a
timetable published under this section.

(5) The Welsh Ministers must lay before the Welsh Assembly an annual
report showing the extent to which they have complied with any
5applicable timetable published under this section.”

161 Confirmation by inspector

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

(2) After section 14C (inserted by section 160 of this Act), insert—

“14D Power to appoint inspector

(1) 10A confirming authority may appoint a person (“an inspector”) to act
instead of it in relation to the confirmation of a compulsory purchase
order to which section 13A applies.

(2) An inspector may be appointed to act in relation to—

(a) a specific compulsory purchase order, or

(b) 15a description of compulsory purchase orders.

(3) An inspector—

(a) has the same functions as a confirming authority under this Part
(excluding this section),

(b) retains those functions even if all remaining objections are
20withdrawn after the inspector has begun to act in relation to a
compulsory purchase order, and

(c) may hold a public local inquiry under section 13A(3)(a) or act as
the person appointed to hear remaining objections under
section 13A(3)(b).

(4) 25Where an inspector is to act in relation to a compulsory purchase order,
the confirming authority must inform—

(a) every person who has made a remaining objection, and

(b) the acquiring authority.

(5) Where an inspector decides whether or not to confirm the whole or part
30of a compulsory purchase order, the inspector’s decision is to be treated
as that of the confirming authority.

(6) The confirming authority may at any time—

(a) revoke its appointment of an inspector, and

(b) appoint another inspector.

(7) 35If the confirming authority revokes its appointment of an inspector
while the inspector is acting in relation to a compulsory purchase order
and does not replace the inspector, the authority must give its
reasons—

(a) to the inspector whose appointment has been revoked, and

(b) 40to all those informed under subsection (4).

(8) Where in any enactment there is a provision that applies in relation to
a confirming authority acting under this Part, that provision is to be
read as applying equally in relation to an inspector so far as the context
permits.

(9) In this section “remaining objection” is to be construed in accordance
with section 13A.”

(3) In section 2 (procedure for authorisation), for subsection (2) substitute—

“(2) A compulsory purchase order authorising a compulsory purchase by
5an authority other than a Minister is to be—

(a) made by that authority,

(b) submitted to the confirming authority, and

(c) confirmed in accordance with Part 2 of this Act.”

(4) In section 7 (interpretation), in subsection (3), after “section 13A” insert “,
10section 14B”.

162 Time limits for notice to treat or general vesting declaration

(1) For section 4 of the Compulsory Purchase Act 1965 substitute—

“4 Time limit for giving notice to treat

A notice to treat may not be served by the acquiring authority after the
15end of the period of 3 years beginning with the day on which the
compulsory purchase order becomes operative.”

(2) After section 5 of the Compulsory Purchase (Vesting Declarations) Act 1981
insert—

“5A Time limit for general vesting declaration

20A general vesting declaration may not be executed after the end of the
period of 3 years beginning with the day on which the compulsory
purchase order becomes operative.”

Vesting declarations: procedure

163 Notice of general vesting declaration procedure

25Schedule 15 changes the notice requirements for general vesting declarations.

164 Earliest vesting date under general vesting declaration

In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981
(execution of declaration vesting land at the end of a period of not less than 28
days from the date of service), in subsection (1) for “28 days” substitute “3
30months”.

Possession following notice to treat etc

165 Extended notice period for taking possession following notice to treat

(1) The Compulsory Purchase Act 1965 is amended as follows.

(2) In section 11 (powers of entry)—

(a) 35in subsection (1)—

(i) for “not less than fourteen days notice” substitute “a notice of
entry”; and

(ii) after “specified in the notice” insert “, after the end of a period
specified in the notice”;

(b) after subsection (1) insert—

“(1A) A notice of entry under subsection (1) must specify the period
5after the end of which the acquiring authority may enter on and
take possession of the land to which the notice relates.

(1B) The period specified in a notice of entry under subsection (1)
must not end earlier than the end of the period of 3 months
beginning with the day on which the notice is served unless it is
10a notice to which section 11A(3) or paragraph 12 of Schedule 2A
applies.”

(3) After section 11 insert—

“11A Powers of entry: repeat notices

(“1) A notice of entry under section 11(1) ceases to have effect if, before
15entering on and taking possession of the land, the acquiring authority
become aware of an owner, lessee or occupier to whom they have not
given a notice to treat under section 5.

(2) If the acquiring authority serve a notice to treat on the person under
section 5, the acquiring authority may serve a new notice of entry under
20section 11(1).

(3) If the person is not an occupier of the land, the period specified in the
new notice of entry under section 11(1) must be a period that ends—

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

(b) 25no earlier than the end of the period specified in any previous
notice of entry given by the acquiring authority in respect of the
land.”

166 Counter-notice requiring possession to be taken on specified date

(1) The Compulsory Purchase Act 1965 is amended as follows.

(2) 30In section 11 (powers of entry), after subsection (1B) (inserted by section 165 of
this Act), insert—

“(1C) A notice of entry under subsection (1) must explain the effect of
section 11B (counter-notice requiring possession to be taken on
specified date) and give an address at which the acquiring authority
35may be served with a counter-notice.”

(3) After section 11A (inserted by section 165 above) insert—

“11B Counter-notice requiring possession to be taken on specified date

(1) Where an acquiring authority serve a notice of entry under section 11(1)
on a person who is in possession of land, the person may serve a
40counter-notice requiring the acquiring authority to take possession of
the land by no later than a date specified in the counter-notice.

(2) If the person gives up possession of the land on or before the specified
date the acquiring authority are to be treated as having taken