Housing and Planning Bill (HL Bill 117)

(d) the acquiring authority notify the successor that they are not
going to give the successor a notice to treat (or a further notice
to treat) in relation to the interest.

(3) The authority may by notice require the successor to pay them an
5amount equal to the amount of the payment.

(4) A notice under subsection (1) or (3) must specify the date by which the
claimant or successor must pay the amount.

(5) The date mentioned in subsection (4) must be after the period of two
months beginning with the day on which the authority give the notice
10under subsection (1) or (3).

(6) Neither subsection (1) nor subsection (3) affects a right to compensation
under section 31(3) or (3A) of the Land Compensation Act 1961 or
section 5(2C)(b) of the Compulsory Purchase Act 1965.””

Disputes

199 15Objection to division of land

(1) Schedule 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
20following a general vesting declaration under section 4 of the Compulsory
Purchase (Vesting Declarations) Act 1981.

200 Objection to division of land: blight notices

(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 153 (reference of objection to Upper Tribunal), after subsection (4)
25insert—

“(4A) Where the effect of a blight notice would be a compulsory purchase to
which Part 1 of the Compulsory Purchase Act 1965 applies, the Upper
Tribunal may uphold an objection on the grounds mentioned in section
151(4)(c) only if it is satisfied that the part of the hereditament or
30affected area proposed to be acquired in the counter-notice—

(a) in the case of a house, building or factory, can be taken without
material detriment to the house, building or factory, or

(b) in the case of a park or garden belonging to a house, can be
taken without seriously affecting the amenity or convenience of
35the house.””

(3) In section 166 (saving for claimant’s right to sell whole hereditament etc.)—

(a) in subsection (1) omit paragraph (b) (and the “or” before it);

(b) omit subsection (2).

201 Power to quash decision to confirm compulsory purchase order

40In 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
purchase order it may instead quash the decision to confirm the order
either generally or in so far as it affects any property of the applicant.””

202 5Extension 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 Extension of time limit during challenge

(1) If an application is made under section 23 of the Acquisition of Land
10Act 1981 (application to High Court in respect of compulsory purchase
order), the three year period mentioned in section 4 is to be extended
by—

(a) a period equivalent to the period beginning with the day the
application is made and ending on the day it is withdrawn or
15finally determined, or

(b) if shorter, one year.

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

(a) could be brought (ignoring any possibility of an appeal out of
20time 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) 25If an application is made under section 23 of the Acquisition of Land
Act 1981 (application to High Court in respect of compulsory purchase
order), the three year period mentioned in section 5A is to be extended
by—

(a) a period equivalent to the period beginning with the day the
30application is made and ending on the day it is withdrawn or
finally determined, or

(b) if shorter, one year.

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

(a) 35could be brought (ignoring any possibility of an appeal out of
time with permission), or

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

Power to override easements and other rights

203 Power to override easements and other rights

(1) 40A person may carry out building or maintenance work to which this subsection
applies even if it involves—

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

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

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

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

(b) 5the 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
10Act 1990,

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

(d) the building or maintenance work is for purposes related to the
purposes for which the land was vested, acquired or appropriated as
15mentioned in paragraph (b).

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

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

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

(c) the qualifying authority in relation to the land could acquire the land
20compulsorily for the purposes of the building or maintenance work,
and

(d) the building or maintenance work is for purposes related to the
purposes for which the land was vested in, or acquired or appropriated
by, the qualifying authority in relation to the land.

(4) 25A person may use land in a case to which this subsection applies even if the use
involves—

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

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

(5) 30Subsection (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) 35been appropriated by a local authority for planning purposes as
defined by section 246(1) of the Town and Country Planning
Act 1990,

(c) the authority could acquire the land compulsorily for the purposes of
erecting or constructing any building, or carrying out any works, for
40that use, and

(d) the use is for purposes related to the purposes for which the land was
vested, acquired or appropriated as mentioned in paragraph (b).

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

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

(b) 45the land is other qualifying land, and

(c) the qualifying authority in relation to the land could acquire the land
compulsorily for the purposes of erecting or constructing any building,
or carrying out any works, for that use, and

(d) the use is for purposes related to the purposes for which the land was
vested in, or acquired or appropriated by, the qualifying authority in
relation to the land.

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

(8) Land currently owned by a qualifying authority is to be treated for the
purposes of subsection (3)(c) or (6)(c) as if it were not currently owned by the
authority.

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

(a) 10a right of way on, under or over land that is a protected right, or

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

(10) Nothing in this section authorises—

(a) an interference with a relevant right or interest annexed to land
15belonging to the National Trust which is held by the National Trust
inalienably, or

(b) a breach of a restriction as to the user of land which does not belong to
the National Trust—

(i) arising by virtue of a contract to which the National Trust is a
20party, or

(ii) benefiting land which does belong to the National Trust.

(11) For the purposes of subsection (10)—

(a) “National Trust” means the National Trust for Places of Historic
Interest or Natural Beauty incorporated by the National Trust Act 1907,
25and

(b) land is held by the National Trust “inalienably” if it is inalienable under
section 21 of the National Trust Act 1907 or section 8 of the National
Trust Act 1939.

204 Compensation for overridden easements etc

(1) 30A 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 203.

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

(3) Where a person other than a specified or qualifying authority is liable to pay
35compensation under this section but has not paid—

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

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

(4) The specified or qualifying authority against which a liability is enforceable by
virtue of subsection (3)(a) is the specified or qualifying authority in which the
40land to which the compensation relates was vested, or by which the land was
acquired or appropriated, as mentioned in section 203.

(5) Any dispute about compensation payable under this section may be referred
to and determined by the Upper Tribunal.

205 Interpretation of sections 203 and 204

(1) In sections 203 and 204—

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

• 5“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
  Ministers under section 21A of the Welsh Development Agency
  Act 1975;

  (b)

  10vested 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;

  (c)

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

  (d)

  15vested in or acquired by a housing action trust for the purposes
  of Part 3 of the Housing Act 1988;

  (e)

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

  (f)

  20vested in or acquired by the Homes and Communities Agency,
  apart from land the freehold interest in which was disposed of
  by 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
  25freehold interest in which was disposed of before 12 April
  2015—

  (i)

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

  (ii)

  30by such a company or body;

  (h)

  vested in or acquired by a Mayoral development corporation
  (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;

• 35“planning consent” means—

  (a)

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

  (b)

  development consent under the Planning Act 2008;

• “protected right” means—

  (a)

  40a right vested in, or belonging to, a statutory undertaker for the
  purpose of carrying on its statutory undertaking, or

  (b)

  a right conferred by, or in accordance with, the electronic
  communications code on the operator of an electronic
  communications code network (and expressions used in this
  45paragraph have the meaning given by paragraph 1(1) of
  Schedule 17 to the Communications Act 2003);

• “qualifying authority” in relation to other qualifying land means the
  authority in which the land was vested, or which acquired or
  appropriated the land, as mentioned in the definition of “other
  50qualifying land”;

Housing and Planning BillPage 115

• “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)

  5a Minister of the Crown or the Welsh Ministers or a government
  department,

  (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,

  (d)

  10a body established by or under an Act or Measure of the
  National Assembly for Wales, or

  (e)

  a statutory undertaker;

• “statutory undertaker” means—

  (a)

  a person who is, or who is deemed to be, a statutory undertaker
  15for 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
  code is applied by a direction under section 106(3)(a) of the
  Communications Act 2003;

• 20“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).

206 Amendments to do with sections 203 and 204

25Schedule 19 gets rid of legislation replaced by sections 203 and 204.

Part 8 Public authority land

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

(1) A Minister of the Crown must, in developing proposals for the disposal of the
30Minister’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) A relevant public authority must, in developing proposals for the disposal of
35the 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) A person who is subject to a duty under subsection (1) or (2) must have regard
40to 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) Regulations 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) 5a body to which paragraph 3 of Part 3 of Schedule 5 to the
Scotland 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) 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.

(7) 15In this section—

• “interest” means a freehold or leasehold interest;

• “local authority” means—

  (a)

  a county council,

  (b)

  a county borough council,

  (c)

  20a district council,

  (d)

  a London borough council,

  (e)

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

  (f)

  25the Common Council of the City of London (in its capacity as a
  local authority),

  (g)

  the Council of the Isles of Scilly, or

  (h)

  the council for a local government area in Scotland;

• “Minister of the Crown” has the same meaning as in the Ministers of the
  30Crown 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
  Office.

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

(1) 35A 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
and 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
40public authority if—

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

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

(c) the authority first determined that the land was surplus to its
45requirements—

(i) in the case of land used wholly or mainly for residential
purposes, at any time before the beginning of the period of 6
months 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
5period of two years ending with that day.

(4) In this section, “relevant public authority” means—

(a) a Minister of the Crown (within the meaning of the Ministers of the
Crown Act 1975), or

(b) a public authority that is specified, or of a description specified, in
10regulations.

(5) In 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
15authority has not disposed of surplus land.

(7) Regulations 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
20apply 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) 25provision 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) 30a 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) 35Regulations 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) 40In 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
  45by or determined in accordance with regulations.

209 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) 5Where 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) 10“relevant public authority” has the same meaning as in section
208 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
15reference 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) may not be made unless a draft of the instrument has
20been laid before and approved by a resolution of each House of
Parliament.””

210 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
25(beginning with 2017), a report containing a buildings efficiency and
sustainability 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
30part of the authority’s estate.

(3) A 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
35within the top quartile of energy performance.

(4) If 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) 40A report under this section must be published not later than 1 June in the year
following 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) the 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
5authority’s estate for the purposes of this section.

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

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

(1) 10Section 86 of the Climate Change Act 2008 (report on the civil estate) is
amended as follows.

(2) In subsection (1)—

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

(b) after that paragraph insert “, and

(b) 15buildings that are part of the military estate.””

(3) In subsection (2)—

(a) in 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) 20after “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) After subsection (7) insert—

“(7A) 25For 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
building, and

(c) 30it 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) In subsection (8), for “Any such order” substitute “An order under subsection
35(7) or (7B)”.

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