Planning and Compulsory Purchase Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Part 8 — Compulsory purchase
73

13B  Written representations procedure: supplementary
(1)
This section applies where the confirming authority decides under
section 13A to follow the written representations procedure.
(2)
The confirming authority may make orders as to the costs of the parties
to the written representations procedure, and as to which party must
5
pay the costs.
(3)
An order under subsection (2) may be made a rule of the High Court on
the application of any party named in the order.
(4)
The costs incurred by the confirming authority in connection with the
written representations procedure must be paid by the acquiring
10
authority, if the confirming authority so directs.
(5)
The confirming authority may certify the amount of its costs, and any
amount so certified and directed to be paid by the acquiring authority
is recoverable summarily by the confirming authority as a civil debt.
(6)
Section 42(2) of the Housing and Planning Act 1986 (recovery of
15
Minister’s costs in connection with inquiries) applies to the written
representations procedure as if the procedure is an inquiry specified in
section 42(1) of that Act.
(7)
Regulations under section 13A(6) may make provision as to the giving
of reasons for decisions taken in cases where the written
20
representations procedure is followed.
13C  Confirmation in stages
(1)
The confirming authority may confirm an order (with or without
modifications) so far as it relates to part of the land comprised in the
order (the “relevant part”) if each of the conditions in subsection (2) is
25
met.
(2)
The conditions are—
(a)
the confirming authority is satisfied that the order ought to be
confirmed so far as it relates to the relevant part but has not for
the time being determined whether the order ought to be
30
confirmed so far as it relates to the remaining part;
(b)
the confirming authority is satisfied that the notice
requirements have been complied with.
(3)
If there is a remaining objection in respect of the order, the confirming
authority may only act under subsection (1) after complying with
35
section 13A(2) or (3) (as the case may be).
(4)
But it may act under subsection (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 confirming authority acts under subsection (1)—
40
(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.
45

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(6)
The notices to be published, affixed and served under section 15 must
include a statement as to the effect of the direction given under
subsection (5)(a).
(7)
Notice requirements must be construed in accordance with section 13.
(8)
Remaining objection must be construed in accordance with section
5
13A.”
(7)
For section 15 there is substituted—
“15
Notices after confirmation of order
(1)
After the order has been confirmed, the acquiring authority must—
(a)
serve a confirmation notice and a copy of the order as confirmed
10
on each person on whom a notice was required to be served
under section 12, and
(b)
affix a confirmation notice to a conspicuous object or objects on
or near the land comprised in the order.
(2)
The notice under subsection (1)(b) must—
15
(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.
20
(3)
The acquiring authority must also publish a confirmation notice in one
or more local newspapers circulating in the locality in which the land
comprised in the order is situated.
(4)
A confirmation notice is a notice—
(a)
describing the land;
25
(b)
stating that the order has been confirmed;
(c)
(except in the case of a notice under subsection (1)(a)) naming a
place where a copy of the order as confirmed 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
30
Court as mentioned in section 23.
(5)
A confirmation notice must be in the prescribed form.”
(8)
The amendments made by this section do not apply to orders of which notice
under section 11 of the 1981 Act has been published before commencement of
this section.
35
96
Procedure for authorisation by a Minister
(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—
40
     “(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.

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      (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
5
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”,
10
(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
15
(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
20
(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
25
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—
30
(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
35
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
40
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.
45
      (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

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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.
5
      (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.
10
      (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
15
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
20
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
25
(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
30
(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-
35
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 —
40
(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.
45
      (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

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(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
5
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
10
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
15
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.
20
      (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
25
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,
30
(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).
35
      (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—
40
(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.
45
      (2)
The notice under sub-paragraph (1)(b) must—
(a)
be addressed to persons occupying or having an interest in
the land;

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(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
5
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))
10
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.
15
      (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.
97
Confirmation by acquiring authority
20
(1)
The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.
(2)
After section 14 there is inserted—
“14A
Confirmation by acquiring authority
(1)
The power to confirm an order may be exercised by the acquiring
authority (instead of the confirming authority) if—
25
(a)
the confirming authority has notified the acquiring authority to
that effect, and
(b)
the notice has not been revoked.
(2)
But this section does not apply to an order in respect of land—
(a)
falling within section 16(1) or paragraph 3(1) of Schedule 3, or
30
(b)
forming part of a common, open space or fuel or field garden
allotment for the purposes of section 19.
(3)
The confirming authority may give notice under subsection (1) if it is
satisfied—
(a)
that the notice requirements have been complied with,
35
(b)
that no objection has been made in relation to the proposed
confirmation or that all objections have been withdrawn, and
(c)
that the order is capable of being confirmed without
modification.
(4)
An objection is an objection made by any person (whether or not a
40
person mentioned in section 12(2)), including an objection which is
disregarded.
(5)
The power to confirm an order under subsection (1) does not include
any power—

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(a)
to confirm the order with modifications, or
(b)
to confirm only a part of the order.
(6)
The acquiring authority must notify the confirming authority as soon
as reasonably practicable after it has determined whether or not to
confirm the order.
5
(7)
The confirming authority may revoke a notice given by it under
subsection (1).
(8)
But a notice may not be revoked if the determination has already been
made and notified by the acquiring authority under subsection (6).
(9)
An order confirmed by the acquiring authority under subsection (1) is
10
to have the same effect as if it were confirmed by the confirming
authority.
(10)
Notices under this section must be in writing.
(11)
Notice requirements and disregarded must be construed in accordance
with section 13.”
15
(3)
The amendments made by this section do not apply to orders of which notice
has been published under section 11 of the 1981 Act before commencement of
this section.
Valuation date
98
Assessment of compensation: valuation date
20
(1)
The Land Compensation Act 1961 (c. 33) is amended as follows.
(2)
After section 5 there is inserted—
“5A
Relevant valuation date
(1)
If the value of land is to be assessed in accordance with rule (2) in
section 5, the valuation must be made as at the relevant valuation date.
25
(2)
No adjustment is to be made to the valuation in respect of anything
which happens after the relevant valuation date.
(3)
If the land is the subject of a notice to treat, the relevant valuation date
is the earlier of—
(a)
the date when the acquiring authority enters on and takes
30
possession of the land, and
(b)
the date when the assessment is made.
(4)
If the land is the subject of a general vesting declaration, the relevant
valuation date is the earlier of—
(a)
the vesting date, and
35
(b)
the date when the assessment is made,

and “general vesting declaration” and “vesting date” have the
meanings given in section 2 of the Compulsory Purchase (Vesting
Declarations) Act 1981.
(5)
If the acquiring authority enters on and takes possession of part of the
40
land—