Housing and Planning Bill (HL Bill 110)

Coast Protection Act 1949 (12 & 13 Geo 6 c. 74)

2 In section 25 of the Coast Protection Act 1949, after subsection (1) insert—

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

National Parks and Access to the Countryside Act 1949 (12, 13 & 14 Geo 6 c. 97)

3 (1) Section 108 of the National Parks and Access to the Countryside Act 1949 is
amended as follows.

(2) 10In subsection (1)(a), after “therein” insert “in relation to land in Scotland”.

(3) After subsection (1) insert—

“(1A) A person may not be authorised under subsection (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
15152 of the Housing and Planning Act 2016).””

Land Powers (Defence) Act 1958 (6 & 7 Eliz 2 c. 30)

4 In section 21 of the Land Powers (Defence) Act 1958, after subsection (1)
insert—

“(1A) A person may not be authorised under subsection (1) to enter and
20survey 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).””

Caravan Sites and Control of Development Act 1960 (8 & 9 Eliz 2 c. 62)

5 In section 26 of the Caravan Sites and Control of Development Act 1960, after
25subsection (1) insert—

“(1A) A person may not be authorised under subsection (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).””

30Compulsory Purchase Act 1965 (c. 56)

6 In section 11(3) of the Compulsory Purchase Act 1965 for “surveying and
taking levels” substitute “surveying, valuing or taking levels”.

Criminal Justice Act 1972 (c. 71)

7 In the Criminal Justice Act 1972 omit section 60.

35Welsh Development Agency Act 1975 (c. 70)

8 In Schedule 4 to the Welsh Development Agency Act 1975 omit paragraph
14(1).

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

9 In the Local Government (Miscellaneous Provisions) Act 1976 omit section
15.

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

10 5In section 43 of the Ancient Monuments and Archaeological Areas Act 1979,
for subsection (1) substitute—

“(1) Any person authorised under this section may at any reasonable
time enter any land in Scotland for the purpose of surveying it, or
estimating its value, in connection with any proposal to acquire that
10or any other land under this Act or in connection with any claim for
compensation under this Act in respect of any such acquisition.

(1A) Any person authorised under this section may at any reasonable
time enter any land in England and Wales or Scotland for the
purpose of surveying it, or estimating its value, in connection with
15any claim for compensation under this Act for any damage to that or
any other land.

(1B) See section 152 of the Housing and Planning Act 2016 for a power 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.””

20Local 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) In subsection (1)—

(a) 25in 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
to search or bore in pursuance of this section in a road within the
30meaning 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) for the words after paragraph (c) substitute “have effect in relation to
35the 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) for the words from “section 4” to “costs)” substitute “sections 9(2) to
40(5) and 11 of the Land Compensation (Scotland) Act 1963 (procedure
and expenses)”.

(6) Omit subsection (13).

Highways Act 1980 (c. 66)

12 In 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
5interest in or a right over land (but see section 152 of the Housing and
Planning Act 2016).””

New Towns Act 1981 (c. 64)

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

10Civil Aviation Act 1982 (c. 16)

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

(2) In 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
15pursuance of this Part of this Act—

(i) authorising the compulsory purchase of land,

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

(iii) declaring that an area of land shall be subject to
20control by directions.

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

(i) authorising the compulsory purchase of land in
25Scotland 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
or Northern Ireland, or

(iii) declaring that an area of land in England and Wales,
30Scotland or Northern Ireland shall be subject to
control by directions.””

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

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

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

35Industrial Development Act 1982 (c. 52)

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

Housing Act 1985 (c. 68)

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

“(3) A person may not be authorised by a local housing authority under
40subsection (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).””

Local Government and Housing Act 1989 (c. 42)

17 In section 97 of the Local Government and Housing Act 1989, after
5subsection (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
a proposal to acquire an interest in or a right over land (but see
section 152 of the Housing and Planning Act 2016).””

10Electricity Act 1989 (c. 29)

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

“(1A) A person may not be authorised under sub-paragraph (1) to enter
and survey or value land in England and Wales in connection with
15a proposal to acquire an interest in or a right over land (but see
section 152 of the Housing and Planning Act 2016).””

Town and Country Planning Act 1990 (c. 8)

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

20Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

20 In 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) 25A person may not be authorised under subsection (1)(a) or (b) 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).””

Water Industry Act 1991 (c. 56)

22 (1) 30Section 169 of the Water Industry 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
2016 shall not be exercised on behalf of a water undertaker in any case for
35purposes connected with the determination of—”.

Water 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
2016 shall not be exercised on behalf of the Agency or the NRBW in any case
5for 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) In paragraph 2(3)—

(a) 10at 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.

Postal Services Act 2000 (c. 26)

26 15In 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
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
20section 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.

Localism Act 2011 (c. 20)

28 In the Localism Act 2011 omit section 210.

Section 163

25SCHEDULE 15 Notice of general vesting declaration procedure

New notice requirements

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

2 (1) Section 15 (compulsory purchase order: confirmation notice) is amended as
30follows.

(2) In subsection (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
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
the person’s name, address and interest in land, using a
5prescribed 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) Paragraph 6 of Schedule 1 (purchase by Minister: notices after making of
10order) 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
1981;

(f) 15inviting 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
the person’s name, address and interest in land, using a
prescribed form.””

(3) 20After sub-paragraph (5) insert—

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

Consequential amendments

4 The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as
25follows.

5 Omit section 3 (preliminary notices).

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

Power 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
35making amendments which correspond to the amendments made by this
Schedule.

(2) “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 In section 5A of the Land Compensation Act 1961—

(a) 5in 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 In section 11 omit subsection (2).

4 10In 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.

Forestry Act 1967 (c. 10)

7 15In Schedule 5 to the Forestry Act 1967, in paragraph 11(3), omit
paragraph (b).

Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

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

20Land Compensation Act 1973 (c. 26)

9 The Land Compensation Act 1973 is amended as follows.

10 In section 33A(4) omit paragraph (b).

11 In section 52ZC(7)(c) for “, any bond under Schedule 3 to that Act or”
substitute “or any bond under”.

12 25In 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 In section 57(1) omit “, under Schedule 3 to the Compulsory Purchase Act
1965”.

30Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

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

Ancient 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 5In section 80(2) of the Planning and Compensation Act 1991 omit “or
Schedule 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 10Objection to division of land following notice to treat

Part 1 Amendments to Compulsory Purchase Act 1965

1 The Compulsory Purchase Act 1965 is amended as follows.

2 In section 8 (material detriment arising from severance of land etc.), for
15subsection (1) substitute—

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

(a) house, building or factory, or

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

3 20After Schedule 2 insert—

Section 8

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

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

Introduction

1 (1) 25This Part applies where an acquiring authority—

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

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

(c) 30have not executed a general vesting declaration under
section 4 of the Compulsory Purchase (Vesting
Declarations) 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 In this Part—

• 5“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,
  building or factory specified in the notice to treat;

• 10“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”)
may serve a counter-notice requiring the acquiring authority to
15purchase 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) if it would end earlier, the period specified in a repeat
20notice of entry served in accordance with section 11A.

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
25ceases 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.

30Acquiring 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) 35refer 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
40Tribunal 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.

Effects 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
5to have effect as if they included the owner’s interest in the
whole 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
10counter-notice to the Upper Tribunal, the acquiring authority may
serve 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
15the period specified in any new notice of entry in relation to that
land must be a period that ends no earlier than the end of the
period in the most recent notice of entry.

Part 2 Counter-notice where authority has taken possession

20Introduction

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

(a) have 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
25accordance with section 11(1), whether because they had
not served a notice to treat or otherwise, and

(c) have not executed a general vesting declaration under
section 4 of the Compulsory Purchase (Vesting
Declarations) Act 1981 in respect of the land which they
30have entered on and taken possession of.

(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).

14 In this Part—

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

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

• “land proposed to be acquired” means the part of the house,
  40building or factory that the authority entered on and took
  possession of otherwise than in accordance with section
  11(1);

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