Housing and Planning Bill (HL Bill 117)

Effects of accepting counter-notice

11 (1) This paragraph applies where the acquiring authority serve notice
of a decision to accept the counter-notice.

(2) The general vesting declaration and the notice to treat (and, where
5applicable, the compulsory purchase order) are to have effect as if
they included the owner’s interest in the additional land as well as
in the land proposed to be acquired.

(3) The authority must serve on the owner a notice specifying the
vesting date or dates for—

(a) 10the land proposed to be acquired (if the counter-notice was
served before the original vesting date), and

(b) the additional land.

(4) The new vesting date for the land proposed to be acquired must
not be before the original vesting date.

(5) 15The vesting date for the additional land must be after the period of
3 months beginning with the day on which the notice under sub-
paragraph (3) is served.

Effects of referring counter-notice to the Upper Tribunal

12 (1) This paragraph applies where—

(a) 20the acquiring authority refer the counter-notice to the
Upper Tribunal, and

(b) the counter-notice was served before the original vesting
date.

(2) At any time before the Upper Tribunal make a determination
25under paragraph 14, the acquiring authority may serve notice on
the owner specifying a new vesting date for the land proposed to
be acquired.

(3) The new vesting date for the land proposed to be acquired must
not be before the original vesting date.

30Part 3 Determination by the Upper Tribunal

Introduction

13 This Part applies where, in accordance with paragraph 8, the
acquiring authority refer a counter-notice to the Upper Tribunal.

35Role of the Upper Tribunal

14 (1) The Upper Tribunal must determine whether the severance of the
land proposed to be acquired would—

(a) in the case of a house, building or factory, cause material
detriment to the house, building or factory, or

(b) in the case of a park or garden, seriously affect the amenity
or convenience of the house to which the park or garden
belongs.

(2) In making its determination, the Upper Tribunal must take into
5account—

(a) the effect of the severance,

(b) the proposed use of the land proposed to be acquired, and

(c) if that land is proposed to be acquired for works or other
purposes extending to other land, the effect of the whole of
10the works and the use of the other land.

15 If the Upper Tribunal determines that the severance of the land
proposed to be acquired would have either of the consequences
described in paragraph 14(1) it must determine how much of the
additional land the acquiring authority ought to be required to
15take in addition to the land proposed to be acquired.

Effect of determination that more land should be acquired

16 (1) This paragraph applies where the Upper Tribunal specifies in its
determination that the acquiring authority ought to be required to
take the whole or part of the additional land (“the specified land”).

(2) 20The general vesting declaration and any notice to treat (and,
where applicable, the compulsory purchase order) are to have
effect as if they included the owner’s interest in the specified land.

(3) The Upper Tribunal must order a vesting date for—

(a) the specified land, and

(b) 25any land proposed to be acquired which has not vested in
the authority and for which no vesting date has been
specified under paragraph 12.

Withdrawal of notice to treat following determination

17 (1) This paragraph applies where—

(a) 30the Upper Tribunal has specified in its determination that
the acquiring authority ought to be required to take the
whole or part of the additional land (“the specified land”),
and

(b) the vesting date in relation to the land proposed to be
35acquired has not passed, and

(c) the vesting date in relation to the specified land has not
passed.

(2) The acquiring authority may, within the period of 6 weeks
beginning with the day on which the Upper Tribunal made its
40determination, withdraw the notice to treat in relation to the land
proposed to be acquired together with the specified land.

(3) If the acquiring authority withdraws the notice to treat, the
general vesting declaration is to have effect as if it did not include
that land.

(4) If the acquiring authority withdraws the notice to treat under this
paragraph they must pay the person on whom the notice was
served compensation for any loss or expense caused by the giving
and withdrawal of the notice.

(5) 5Any dispute as to the compensation is to be determined by the
Upper Tribunal.””

7 In Schedule 1 (divided land) omit Part 1 (buildings and gardens etc).

8 In Schedule 2 (vesting of land in urban development corporation), for
paragraph 4 substitute—

“4 10In Schedule A1, for paragraph 3 there is to be substituted—

““3 A counter-notice under paragraph 2 must be served within
the period of 28 days beginning with the day on which the order
comes into force.””””

Part 2 15Consequential amendment

9 In section 5A of the Land Compensation Act 1961 (relevant valuation date),
after subsection (5A) (inserted by Schedule 17 to this Act) insert—

“(5B) If—

(a) the land is the subject of a general vesting declaration, and

(b) 20the vesting date is different for different parts of the land,

the first of the vesting dates is deemed for the purposes of
subsection (4)(a) to be the vesting date for the whole of the land.””

10 In Schedule 6 to the Crossrail Act 2008 (acquisition of land shown within
limits on deposited plans), in paragraph 11(3)(b), for “Schedule 1” substitute
25“Schedule A1”.

Section 206

SCHEDULE 19 Amendments to do with sections 203 and 204

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

1 (1) Schedule 4 to the Welsh Development Agency Act 1975 is amended as
30follows.

(2) Omit paragraph 6 and the italic heading before it.

(3) In paragraph 9 omit sub-paragraph (a).

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

2 (1) Schedule 28 to the Local Government, Planning and Land Act 1980 is
35amended as follows.

(2) In paragraph 6—

(a) in sub-paragraph (1), after “work on land” insert “in Scotland”;

(b) omit sub-paragraph (1A);

(c) in sub-paragraph (2), omit “or (1A)”;

(d) in sub-paragraph (4)—

(i) omit “or (1A)”;

(ii) 5omit “section 7 or 10 of the Compulsory Purchase Act 1965
(or”

(iii) omit “, or use of,”;

(e) in sub-paragraph (7)—

(i) for “at the suit (or in Scotland at the instance)” substitute “at
10the instance”;

(ii) omit “or 1A”.

(3) In paragraph 7, for sub-paragraph (11) substitute—

“(11) Nothing in this paragraph shall be construed as authorising any
act or omission on the part of an urban development corporation
15or local highway authority, or of any body corporate, in
contravention of any limitation imposed by law on its capacity by
virtue of the constitution of the corporation, authority or body.””

(4) In paragraph 9, for sub-paragraph (3) substitute—

“(3) Nothing in this paragraph shall be construed as authorising any
20act or omission on the part of an urban development corporation
or local highway authority, or of any body corporate, in
contravention of any limitation imposed by law on its capacity by
virtue of the constitution of the corporation, authority or body.””

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

3 25The New Towns Act 1981 is amended as follows.

4 Omit section 19.

5 In section 20, for subsection (10) substitute—

“(10) Nothing in this section shall be construed as authorising any act or
omission on the part of a development corporation or local highway
30authority, or of any body corporate, in contravention of any
limitation imposed by law on their capacity by virtue of the
constitution of the corporation, authority or body.””

6 In section 21, for subsection (3) substitute—

“(3) Nothing in this section shall be construed as authorising any act or
35omission on the part of a development corporation or local highway
authority, or of any body corporate, in contravention of any
limitation imposed by law on their capacity by virtue of the
constitution of the corporation, authority or body.””

Housing Act 1988 (c. 50)Housing Act 1988 (c. 50)

7 (1) 40Schedule 10 to the Housing Act 1988 is amended as follows.

(2) Omit paragraph 5 and the italic heading before it.

(3) In paragraph 6, for sub-paragraph (11) substitute—

“(11) Nothing in this paragraph shall be construed as authorising any
act or omission on the part of a housing action trust, or of any body
corporate, in contravention of any limitation imposed by law on
5its capacity by virtue of the constitution of the trust or body.””

(4) In paragraph 7, for sub-paragraph (3) substitute—

“(3) Nothing in this paragraph shall be construed as authorising any
act or omission on the part of a housing action trust, or of any body
corporate, in contravention of any limitation imposed by law on
10its capacity by virtue of the constitution of the trust or body.””

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

8 The Town and Country Planning Act 1990 is amended as follows.

9 Omit section 237.

10 In section 245(4), omit paragraph (a).

11 15In section 246(2), for “237” substitute “238”.

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

12 (1) Section 333ZB of the Greater London Authority Act 1999 is amended as
follows.

(2) For subsection (1) substitute—

“(1) 20Schedule 3 to the Housing and Regeneration Act 2008 (powers in
relation to land acquired by the Homes and Communities Agency)
applies in relation to the Authority and land held by it for the
purposes of housing or regeneration as it applies in relation to the
Homes and Communities Agency and its land.””

(3) 25In subsection (2)—

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

(b) omit paragraph (aa) and the “and” at the end of it.

(4) In the heading, omit “acquired or”.

Planning Act 2008 (c. 29)2008 (c. 29)

13 30The Planning Act 2008 is amended as follows.

14 In section 194, omit subsection (1).

15 Omit Schedule 9.

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

16 In Schedule 3 to the Housing and Regeneration Act 2008, omit Part 1.

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

17 In section 208 of the Localism Act 2011, for subsection (1) substitute—

“(1) Schedule 3 to the Housing and Regeneration Act 2008 (powers, in
relation to land of the Homes and Communities Agency, to
5extinguish public rights of way, and in relation to burial grounds and
consecrated land) applies in relation to an MDC and its land as it
applies in relation to the Homes and Communities Agency and its
land.””

Infrastructure Act 2015 (c. 7)2015 (c. 7)

18 10In section 32 of the Infrastructure Act 2015, omit subsections (6), (7), (8) and
(10).

Section 210

SCHEDULE 20 Authorities specified for purposes of section 210

1 A county council in England.

2 15A district council.

3 A London borough council.

4 The Greater London Authority.

5 An economic prosperity board established under section 88 of the Local
Democracy, Economic Development and Construction Act 2009.

6 20A combined authority established under section 103 of the Local
Democracy, Economic Development and Construction Act 2009.

7 The London Fire and Emergency Planning Authority.

8 Transport for London.

9 A sub-national transport body established under section 102E of the Local
25Transport Act 2008.

10 A fire and rescue authority in England constituted by—

(a) a scheme under section 2 of the Fire and Rescue Services Act 2004, or

(b) a scheme to which section 4 of that Act applies.

11 An authority established under section 10 of the Local Government Act 1985
30(joint authority for waste disposal functions).

12 A joint authority established under Part 4 of the Local Government Act 1985
for an area in England.

13 The Common Council of the City of London (in its capacity as a local
authority).

14 35A National Park authority for a National Park in England.

15 The Broads Authority.

16 The Council of the Isles of Scilly.