Amendments proposed to the Planning and Compulsory Purchase (Re-committed) Bill - continued House of Commons

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Procedure for authorisation of compulsory purchase by a Minister

   

Mr Keith Hill

NC19

To move the following Clause:—

    '(1)   Schedule 1 to the Acquisition of Land Act 1981 (c.67) (the "1981 Act") is amended as follows.

    (2)   In paragraph 2 (notices in newspapers), after sub-paragraph (2) there is added—

 "(3) In addition, the Minister shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the draft order.

(4) The notice under sub-paragraph (3) must—

(a)   be addressed to persons occupying or having an interest in the land, and

(b)   set out each of the matters mentioned in sub-paragraph (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under sub-paragraph (3) is first affixed)."

    (3)   In paragraph 3 (notices to owners, lessees and occupiers)—

(a) in sub-paragraph (1), for the words from "owner" to "order" (where it first appears) there is substituted "qualifying person",

(b) for sub-paragraph (2) there is substituted—

 "(2) A person is a qualifying person, in relation to land comprised in a draft order, if—

(a)   he is an owner, lessee, tenant (whatever the tenancy period) or occupier of any such land, or

(b)   he falls within sub-paragraph (2A).

(2A) A person falls within this sub-paragraph if he is—

(a)   a person to whom the Minister would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or

(b)   a person the Minister thinks is likely to be entitled to make a relevant claim if the order is made and the compulsory purchase takes place, so far as he is known to the Minister after making diligent inquiry.

(2B) A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection)."

    (4)   For paragraph 4 there are substituted the following paragraphs—

"4 (1) The appropriate authority may make a compulsory purchase order with or without modifications if it is satisfied—

(a)   that the notice requirements have been complied with, and

(b)   that one of the conditions in sub-paragraph (2) is satisfied.

(2) The conditions are—

(a)   no relevant objection is made,

(b)   every relevant objection made is either withdrawn or disregarded.

(3) The appropriate authority may require every person who makes a relevant objection to state the grounds of the objection in writing.

(4) If the appropriate authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection.

(5) The notice requirements are the requirements under paragraphs 2 and 3 to publish, affix and serve notices in connection with the compulsory purchase order.

(6) A relevant objection is an objection by a person who is a qualifying person for the purposes of paragraph 3(2), but if such a person qualifies only by virtue of paragraph 3(2A)(b) and the appropriate authority thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection.

(7) Disregarded means disregarded under sub-paragraph (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.

(8) The appropriate authority is—

(a)   in the case of an order proposed to be made in the exercise of highway land acquisition powers, the Minister and the planning Minister acting jointly,

(b)   in any other case, the Minister.

(9) Highway land acquisition powers must be construed in accordance with the Highways Act 1980.

(10) The planning Minister is the Secretary of State for the time being having general responsibility in planning matters.

4A (1) This paragraph applies to the making of a compulsory purchase order if a relevant objection is made which is neither—

(a)   withdrawn, nor

(b)   disregarded,

(a remaining objection).

(2) The appropriate authority may proceed under the written representations procedure—

(a)   if the order is not subject to special parliamentary procedure;

(b)   in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and

(c)   if every person who has made a remaining objection consents in the prescribed manner.

(3) If sub-paragraph (2) does not apply or if the appropriate authority decides not to proceed under that sub-paragraph, it must either—

(a)   cause a public local inquiry to be held, or

(b)   give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the appropriate authority for the purpose.

(4) If a person who has made a remaining objection takes the opportunity to appear before a person appointed under sub-paragraph (3)(b) the appropriate authority must give any other person it thinks appropriate the opportunity to be heard at the same time.

(5) The appropriate authority may make the order with or without modifications if it has considered the objection and either —

(a)   it has followed the written representations procedure, or

(b)   in a case which falls within sub-paragraph (3), if an inquiry was held or a person was appointed under sub-paragraph (3)(b), it has considered the report of the person who held the inquiry or who was so appointed.

(6) The written representations procedure is such procedure as is prescribed for the purposes of this paragraph including provision affording an opportunity to—

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

(b)   any other person the appropriate authority thinks appropriate,

to make written representations as to whether the order should be made.

(7) Regulations under sub-paragraph (6) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.

(8) Expressions used in this paragraph and in paragraph 4 must be construed in accordance with paragraph 4.

4B (1) The appropriate authority may make an order (with or without modifications) so far as it relates to part of the land comprised in the draft order (the "relevant part") if each of the conditions in sub-paragraph (2) is met.

(2) The conditions are—

(a)   the appropriate authority is satisfied that the order ought to be made so far as it relates to the relevant part but has not for the time being determined whether the order ought to be made so far as it relates to the remaining part,

(b)   the appropriate authority is satisfied that the notice requirements have been complied with.

(3) If there is a remaining objection in respect of the order, the appropriate authority may only act under sub-paragraph (1) after complying with paragraph 4A(2) or (3) (as the case may be).

(4) But it may act under sub-paragraph (1) without complying with those provisions if it is satisfied that all remaining objections relate solely to the remaining part of the land.

(5) If the appropriate authority acts under sub-paragraph (1)—

(a)   it must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction,

(b)   the order so far as it relates to each part of the land must be treated as a separate order.

(6) The notices to be published, affixed and served under paragraph 6 must include a statement as to the effect of the direction given under sub-paragraph (5)(a).

(7) Expressions used in this paragraph and in paragraph 4 or 4A must be construed in accordance with paragraph 4 or 4A (as the case may be)."

    (5)   For paragraph 6 there is substituted—

"6 (1) After the order has been made, the Minister must—

(a)   serve a making notice, and a copy of the order as made, on each person on whom a notice was required to be served under paragraph 3, and

(b)   affix a making notice to a conspicuous object or objects on or near the land comprised in the order.

(2) The notice under sub-paragraph (1)(b) must—

(a)   be addressed to persons occupying or having an interest in the land;

(b)   so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative.

(3) The Minister must also publish a making notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated.

(4) A making notice is a notice—

(a)   describing the land;

(b)   stating that the order has been made;

(c)   (except in the case of a notice under sub-paragraph (1)(a)) naming a place where a copy of the order as made and of the map referred to there may be inspected at all reasonable hours;

(d)   that a person aggrieved by the order may apply to the High Court as mentioned in section 23.

(5) A making notice must be in the prescribed form."

    (6)   The amendments made by this section do not apply to orders of which notice under paragraph 2 of Schedule 1 to the 1981 Act has been published before commencement of this section.'.


Power to require information

   

Mr Keith Hill

NC20

To move the following Clause:—

    '(1)   The Acquisition of Land Act 1981 (c.67) is amended as follows.

    (2)   After section 5 (local inquiries) there is inserted—

    "5A Power to require information

    (1)   This section applies to information about land in relation to which an acquiring authority is entitled to exercise a power of compulsory purchase.

    (2)   The acquiring authority may serve a notice on a person mentioned in subsection (4) requiring him to give to the authority in writing the following information—

(a) the name and address of any person he believes to be an owner, lessee, tenant (whatever the tenancy period) or occupier of the land,

(b) the name and address of any person he believes to have an interest in the land.

    (3)   The power in subsection (2) is exercisable for the purpose of enabling the acquiring authority to acquire the land.

    (4)   The persons are—

(a) the occupier of the land,

(b) any person who has an interest in the land either as freeholder, mortgagee or lessee,

(c) any person who directly or indirectly receives rent for the land,

(d) any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.

    (5)   The notice must specify the period within which the information must be given to the acquiring authority (being a period of not less than 14 days beginning with the day on which the notice is served).

    (6)   The notice must also specify or describe—

(a) the land,

(b) the compulsory purchase power, and

(c) the enactment which confers the power.

    (7)   The notice must be in writing.

    (8)   Section 6(4) does not apply to notices to be served under this section.

    5B Offences relating to information

    (1)   A person commits an offence if he fails without reasonable excuse to comply with a notice served on him under section 5A.

    (2)   A person commits an offence if, in response to a notice served on him under section 5A—

(a) he gives information which is false in a material particular, and

(b) when he does so, he knows or ought reasonably to know that the information is false.

    (3)   If an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in any such capacity,

he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.

    (4)   The reference in subsection (3) to a director must be construed in accordance with section 331(2) of the Town and Country Planning Act 1990.

    (5)   A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.".'.



 
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