Housing and Planning Bill (HL Bill 117)

(a) calculating the amount of the fees;

(b) the proportion of the fees that each party is to bear;

(c) when fees are to be payable.

(4) Regulations may make further provision supplementing that
5made by paragraphs 1 to 9, and may in particular—

(a) make provision about the qualifications or experience that
an appointed person must have;

(b) require an appointed person—

(i) to consider or take into account prescribed matters;

(ii) 10not to consider or take into account prescribed
matters;

(iii) to make prescribed assumptions;

(c) provide for a party that is in breach of paragraph 2, or
otherwise behaves unreasonably, to be required by an
15appointed person to pay some or all of the costs incurred
by another party in connection with that breach or
behaviour;

(d) make provision for corrections or other revisions to be
made to a report under paragraph 3;

(e) 20require particular steps to be taken by an appointed person
or the parties for the purposes of, or otherwise in
connection with, a report under paragraph 3;

(f) require the application to be determined no earlier than a
specified period following the time when a report under
25paragraph 3 is sent to the parties, or no later than a
specified period following that time.

Interpretation

11 In this Schedule—

• “the applicant” and “the application” have the meaning given
  30by paragraph 1(1);

• “appointed person” means a person appointed under
  paragraph 1;

• “parties” means the applicant and the local planning
  authority;

• 35“prescribed period” means a period prescribed by, or
  determined in accordance with, regulations;

• “section 106 instrument” means an instrument by which
  planning obligations are entered into.””

Section 179

SCHEDULE 14 Right to enter and survey land: consequential amendments

Defence Act 1842 (5 & 6 Vict c. 94)

1 In section 16 of the Defence Act 1842, at the end insert—

“(3) 5A 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
172 of the Housing and Planning Act 2016).””

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

2 10In 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
proposal to acquire an interest in or a right over land (but see section
172 of the Housing and Planning Act 2016).””

15National 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) In subsection (1)(a), after “therein” insert “in relation to land in Scotland”.

(3) After subsection (1) insert—

“(1A) 20A 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
172 of the Housing and Planning Act 2016).””

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

4 25In 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
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
30172 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
subsection (1) insert—

“(1A) A person may not be authorised under subsection (1) to enter and
35survey 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
172 of the Housing and Planning Act 2016).””

Compulsory Purchase Act 1965 (c. 56)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)1972 (c. 71)

7 5In the Criminal Justice Act 1972 omit section 60.

Welsh Development Agency Act 1975 (c. 70)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)1976 (c. 57)

9 10In the Local Government (Miscellaneous Provisions) Act 1976 omit section
15.

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

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

“(1) 15Any 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
or any other land under this Act or in connection with any claim for
compensation under this Act in respect of any such acquisition.

(1A) 20Any 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
any claim for compensation under this Act for any damage to that or
any other land.

(1B) 25See section 172 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.””

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

11 (1) Section 167 of the Local Government, Planning and Land Act 1980 is
30amended as follows.

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

(3) In subsection (1)—

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

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

(4) 35In 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
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) for the words after paragraph (c) substitute “have effect in relation to
the searching or boring as if they were road works within the
5meaning 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
(5) and 11 of the Land Compensation (Scotland) Act 1963 (procedure
10and expenses)”.

(6) Omit subsection (13).

Highways Act 1980 (c. 66)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
15survey or value land in connection with a proposal to acquire an
interest in or a right over land (but see section 172 of the Housing and
Planning Act 2016).””

New Towns Act 1981 (c. 64)1981 (c. 64)

13 In section 73(1) of the New Towns Act 1981 omit paragraph (b) (and the “or”
20before it).

Civil Aviation Act 1982 (c. 16)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
25where 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) providing for the creation in favour of a particular
person of a right in or in relation to land, or

(iii) 30declaring 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
under or in pursuance of this Part of this Act—

(i) 35authorising 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
or Northern Ireland, or

(iii) 40declaring 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) In 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)1982 (c. 52)

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

5Housing Act 1985 (c. 68)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
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
10section 172 of the Housing and Planning Act 2016).””

Local Government and Housing Act 1989 (c. 42)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
15subsection (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 172 of the Housing and Planning Act 2016).””

Electricity Act 1989 (c. 29)1989 (c. 29)

18 In Schedule 4 to the Electricity Act 1989, in paragraph 10, after sub-
20paragraph (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
a proposal to acquire an interest in or a right over land (but see
section 172 of the Housing and Planning Act 2016).””

25Town and Country Planning Act 1990 (c. 8)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)1990 (c. 9)

20 In section 88 of the Planning (Listed Buildings and Conservation Areas) Act
301990 omit subsection (5).

Land Drainage Act 1991 (c. 59)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
enter and survey or value land in connection with a proposal to
35acquire an interest in or a right over land (but see section 172 of the
Housing and Planning Act 2016).””

Water Industry Act 1991 (c. 56)1991 (c. 56)

22 (1) Section 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
5conferred by this section or section 172 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—”.

Water Resources Act 1991 (c. 57)1991 (c. 57)

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

(2) 10In 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 172 of the Housing and Planning Act
2016 shall not be exercised on behalf of the Agency or the NRBW in any case
for purposes connected with the determination of—”.

15Environment Act 1995 (c. 25)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) at the end of paragraph (a) insert “and”;

(b) 20omit paragraph (c) (and the “and” before it).

Greater London Authority Act 1999 (c. 29)1999 (c. 29)

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

Postal Services Act 2000 (c. 26)2000 (c. 26)

26 In Schedule 6 to the Postal Services Act 2000, in paragraph 2, after sub-
25paragraph (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
section 172 of the Housing and Planning Act 2016).””

30Housing and Regeneration Act 2008 (c. 17)2008 (c. 17)

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

Localism Act 2011 (c. 20)2011 (c. 20)

28 In the Localism Act 2011 omit section 210.

Section 183

SCHEDULE 15 Notice of general vesting declaration procedure

New notice requirements

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

2 (1) 5Section 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
and 3 of the Compulsory Purchase (Vesting Declarations) Act
101981;

(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
15prescribed 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
20order) 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) 25inviting 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) 30After 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
35follows.

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
40“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
making amendments which correspond to the amendments made by this
5Schedule.

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

Section 190

SCHEDULE 16 Abolition of alternative possession procedure following notice to treat

10Land Compensation Act 1961 (c. 33)Land Compensation Act 1961 (c. 33)

1 In 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)Compulsory Purchase Act 1965 (c. 56)

2 15The Compulsory Purchase Act 1965 is amended as follows.

3 In 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 20Omit Schedule 3.

Forestry Act 1967 (c. 10)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)Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

8 25In Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1968, in
paragraph 5(b), omit “and Schedule 3”.

Land Compensation Act 1973 (c. 26)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 30In 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 In section 57(1) omit “, under Schedule 3 to the Compulsory Purchase Act
1965”.

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

14 In section 29(1)(a) of the Local Government (Miscellaneous Provisions) Act
51976 omit “or 3”.

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)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)Planning and Compensation Act 1991 (c. 34)

16 10In 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)2008 (c. 29)

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

Section 199

SCHEDULE 17 15Objection 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
20subsection (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 25After 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) 30This 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) 5have 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
10which a compulsory purchase order can exclude from this
Schedule land that is 9 metres or more below the surface).

2 This Part does not apply by virtue of a notice to treat that is
deemed to have been served in respect of part only of a house,
building or factory under section 154(5) of the Town and Country
15Planning Act 1990 (deemed notice to treat in relation to blighted
land).

3 In this Part—

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

• 20“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;

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

25Counter-notice requiring authority to purchase whole of land

4 A person who is able to sell the whole of the land (“the owner”)
may serve a counter-notice requiring the acquiring authority to
purchase the owner’s interest in the whole of the land.

5 A counter-notice under this Part must be served within—

(a) 30the 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
notice of entry served in accordance with section 11A.

Effect of counter-notice on notice of entry

6 35If the owner serves a counter-notice—

(a) any notice of entry under section 11(1) that has already
been served on the owner in respect of the land proposed
to be acquired ceases to have effect, and

(b) the acquiring authority may not serve a notice of entry (or
40a further notice of entry) on the owner under section 11(1)
in respect of that land unless they are permitted to do so by
paragraph 11 or 12.

Acquiring authority must respond to counter-notice within three months

7 On receiving a counter-notice the acquiring authority must decide
45whether to—