Crossrail Bill

House of Commons

Session 2006 - 07
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Crossrail Bill

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
118

(1)
(2)

Area
No. on deposited plans

London Borough of Tower
1 to 157, 159, 160, 164, 166, 167,

Hamlets
170 to 223, 226 to 239, 241, 242,

245, 268, 274, 276, 278, 282, 283,

5

285, 286, 291, 296 to 387, 401,

402, 404 to 574, 577, 589, 591 to

629, 631 to 663, 665 to 677, 680 to

698, 701, 702, 704, 705, 708, 711,

714, 717, 720, 722, 727, 771, 778

10

to 787, 791 to 793, 795, 797 to

806, 812 to 819, 823 to 843, 845 to

847, 849 to 864, 989, 992, 994 to

1134, 1136 to 1139, 1141, 1149,

1153, 1156 to 1228, 1230 to 1234,

15

1236 to 1238, 1240, 1241, 1244 to

1246, 1254 to 1256, 1259 to 1263,

1265, 1266, 1268 to 1270, 1272 to

1274, 1276 to 1285, 1287, 1288 to

1293, 1296 to 1306, 1308, 1310 to

20

1312, 1315 to 1317, 1319 to

1329, 1331 to 1333, 1335 to 1339,

1341, 1342, 1344 to 1378, 1380,

1381, 1383 to 1388, 1390 to 1395,

1398 to 1402, 1404, 1405, 1407

25

and 1408

London Borough of Newham
1, 11 to 41, 43, 44, 214, 218, 256,

280, 283 to 287, 289 to 292, 358,

423, 424, 424a, 424b, 425 to 427,

430 to 466, 468 to 542, and 544 to

30

559

London Borough of Greenwich
1, 2, 6, 8 to 10, 12 to 14, 16 to 32,

42, 46 to 51, 53 to 57 and 61

      (2)
In the case of any other land, the power conferred by section 6(1) shall,
subject to paragraph 10, be exercisable as well in relation to the subsoil or
35
under-surface only as in relation to the land as a whole.
      (3)
The following shall not apply where the power conferred by section 6(1) is
exercised in relation to the subsoil or under-surface of land only—
(a)
section 8(1) of the Compulsory Purchase Act 1965 (c. 56) (limitation
on right to require a person to sell part only of any house, building,
40
manufactory or park or garden belonging to a house);
(b)
Schedule 1 to the Compulsory Purchase (Vesting Declarations) Act
1981 (c. 66) (corresponding provision in case of general vesting
declaration).
Limitation of power of acquisition in relation to land not more than 9 metres below the surface
45
12
In the case of land specified in the following table, the power conferred by
section 6(1), so far as relating to so much of the land as does not lie more than

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
119

9 metres beneath the level of its surface, shall be exercisable only in relation
to the creation and acquisition of easements or other rights over land for the
passage of persons or vehicles (with or without materials, plant and
machinery) for the purpose of or in connection with the construction or
maintenance of the works authorised by this Act.
5

(1)
(2)

Area
No. on deposited plans

City of Westminster
429

City of London
58 and 59

London Borough of Tower
709, 776 and 807

10

Hamlets

Extension of power to acquire new rights in relation to relocation of apparatus
13    (1)
The Secretary of State may by order provide, in relation to land to which this
paragraph applies, that section 6(1), so far as relating to acquisition by virtue
of paragraph 6(1), shall be treated as also authorising acquisition by such
15
person as may be specified in the order.
      (2)
This paragraph applies to land within the limits of deviation for the
scheduled works or within the limits of land to be acquired or used which is
or will be required for use in relocating any apparatus which it is expedient
to divert or replace in consequence of the carrying out of any of the works
20
authorised by this Act.
      (3)
The power to make an order under sub-paragraph (1) includes power to
make an order varying or revoking any order previously made under that
provision.
Acquisition of part only of certain properties
25
14    (1)
Where—
(a)
a notice to treat under Part 1 of the Compulsory Purchase Act 1965
(c. 56), as applied to the acquisition of land under section 6(1), is
served in respect of land forming part only of a house, building or
manufactory or part only of land consisting of a house with a park or
30
garden, and
(b)
a copy of this paragraph is served with the notice to treat,

the following provisions of this paragraph, with paragraphs 15 and 16, shall
apply instead of section 8(1) of the Compulsory Purchase Act 1965.
      (2)
The person on whom the notice to treat is served (“the owner”) may within
35
the period of 21 days beginning with the day on which the notice to treat is
served on him, serve on the Secretary of State a counter-notice objecting to
the sale of the part (“the land subject to the notice to treat”) and stating that
he is willing and able to sell the whole (“the land subject to the counter-
notice”).
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      (3)
If no counter-notice is served under sub-paragraph (2), the owner shall be
required to sell the land subject to the notice to treat.

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
120

      (4)
If a counter-notice is served under sub-paragraph (2) and the Secretary of
State agrees to take the land subject to the counter-notice, the notice to treat
shall be deemed to be a notice to treat in addition for the remainder of the
land subject to the counter-notice.
      (5)
If a counter-notice is served under sub-paragraph (2) and the Secretary of
5
State does not agree to take the land subject to the counter-notice, the
question as to what land the owner is to be required to sell shall be referred
to the Lands Tribunal.
15    (1)
If, on a reference under paragraph 14(5), the Lands Tribunal determine that
the land subject to the notice to treat can be taken—
10
(a)
without material detriment to the remainder of the land subject to
the counter-notice, and
(b)
where the land subject to the notice to treat consists of or includes
garden only land, without seriously affecting the amenity and
convenience of the house to which the garden only land belongs,
15

the owner shall be required to sell the land subject to the notice to treat.
      (2)
If, on such a reference, the Lands Tribunal determine that only part of the
land subject to the notice to treat can be taken as mentioned in sub-
paragraph (1), the notice to treat shall, subject to sub-paragraph (3), be
deemed to be a notice to treat for that part.
20
      (3)
Where the land subject to the notice to treat is not land which consists of or
includes garden only land, sub-paragraph (2) shall only have effect to deem
the notice to treat to be a notice to treat for land which does consist of or
include garden only land if the Lands Tribunal determine that that land can
be taken without seriously affecting the amenity and convenience of the
25
house to which the garden only land belongs.
      (4)
If, on such a reference, the Lands Tribunal determine—
(a)
that none of the land subject to the notice to treat can be taken
without material detriment to the remainder of the land subject to
the counter-notice, but
30
(b)
that the material detriment is confined to part of the remainder of
that land,

then, except where sub-paragraph (5) applies, the notice to treat shall be
deemed to be a notice to treat in addition for the land to which the material
detriment is confined.
35
      (5)
If, in a case where the land subject to the notice to treat consists of or includes
garden only land, the Lands Tribunal determine on such a reference that
none of the land subject to the notice to treat can be taken without seriously
affecting the amenity or convenience of the house to which the garden only
land belongs, the notice to treat shall be deemed to be a notice to treat in
40
addition for the remainder of the land subject to the counter-notice.
      (6)
If, on such a reference, the Lands Tribunal determine—
(a)
that none of the land subject to the notice to treat can be taken
without material detriment to the remainder of the land subject to
the counter-notice, and
45
(b)
that the material detriment is not confined to part of the remainder
of that land,

the notice to treat shall be deemed to be a notice to treat in addition for the
remainder of the land subject to the counter-notice.

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
121

      (7)
For the purposes of this paragraph, the land subject to the notice to treat
consists of or includes garden only land if—
(a)
it consists of the whole or part of a park or garden belonging to a
house, or
(b)
it includes the whole or part of such a park or garden but does not
5
include the house or any part of it.
16    (1)
Where under paragraph 15 a notice to treat is deemed by virtue of a
determination of the Lands Tribunal to be a notice to treat for less land or
more land than that specified in the notice, the Secretary of State may, within
the period of 6 weeks beginning with the day on which the determination is
10
made, withdraw the notice.
      (2)
If the Secretary of State withdraws a notice to treat under sub-paragraph (1),
he shall pay the person on whom the notice was served compensation for
any loss or expense occasioned to that person by the giving and withdrawal
of the notice, such compensation to be determined in case of dispute by the
15
Lands Tribunal.
      (3)
Where under paragraph 14 or 15 a person is required to sell part only of a
house, building or manufactory or of land consisting of a house with a park
or garden, the Secretary of State shall pay him compensation for any loss
sustained by him due to the severance of that part in addition to the value of
20
the interest acquired.
      (4)
A notice to treat shall have the effect which it is deemed to have under
paragraph 14(4) or 15(4), (5) or (6) whether or not the additional land is,
apart from that provision, land which the Secretary of State is authorised to
acquire compulsorily under this Act.
25
Minerals
17    (1)
Parts 1 and 2 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67)
(exception of minerals from compulsory purchase and regulation of the
working of mines or minerals underlying an authorised undertaking) shall
have effect in relation to land to which section 6(1) applies as if it were
30
comprised in a compulsory purchase order providing for the incorporation
with that order of those Parts of that Schedule.
      (2)
In their application by virtue of sub-paragraph (1), Parts 2 and 3 of Schedule
2 to the Acquisition of Land Act 1981 shall have effect with the following
modifications—
35
(a)
references to the acquiring authority, except the second reference in
paragraph 6, shall be construed as references to the nominated
undertaker, and
(b)
references to the undertaking shall be construed as references to the
undertaking which the nominated undertaker is authorised by this
40
Act to carry on.
Power to require acquisition where time limit extended
18    (1)
If the Secretary of State makes an order under section 6(7), the following
provisions shall have effect as from the coming into operation of the order.
      (2)
If an owner or lessee of any of the land in relation to which the order is made
45
gives notice in writing to the Secretary of State that he desires his interest in

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
122

such of that land as is specified in the notice to be acquired by the Secretary
of State, the Secretary of State shall, within the period of 3 months
immediately following receipt of the notice—
(a)
enter into an agreement with him for the acquisition of his interest in
the whole or part of the land specified in the notice,
5
(b)
exercise the relevant powers of compulsory acquisition in respect of
his interest in the whole or part of the land specified in the notice, or
(c)
serve on him notice in writing of the Secretary of State’s intention not
to proceed with the purchase of his interest in any of the land
specified in the notice.
10
      (3)
Where a person gives the Secretary of State notice under sub-paragraph (2)
and the Secretary of State—
(a)
fails to comply with the requirements of that sub-paragraph,
(b)
withdraws a notice to treat served in compliance with paragraph (b)
of that sub-paragraph, or
15
(c)
serves on the owner notice in compliance with paragraph (c) of that
sub-paragraph,

the relevant powers of compulsory acquisition shall cease to be exercisable
in respect of that person’s interest in any of the land specified in the notice
under sub-paragraph (2).
20
      (4)
Where—
(a)
a person gives the Secretary of State notice under sub-paragraph (2),
and
(b)
the Secretary of State acquires in pursuance of paragraph (a) or (b) of
that sub-paragraph that person’s interest in some, but not all, of the
25
land specified in the notice,

the relevant powers of compulsory acquisition shall cease to be exercisable
in respect of that person’s interest in the remainder of that land.
      (5)
References in this paragraph to the relevant powers of compulsory
acquisition are to—
30
(a)
the power to serve a notice to treat under Part 1 of the Compulsory
Purchase Act 1965 (c. 56), as applied to the acquisition of land under
section 6(1), and
(b)
the power to execute a declaration under section 4 of the
Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), as
35
applied by paragraph 4 above.
      (6)
In this paragraph—
“lessee” means a person who holds an interest under a lease for a
period of which not less than 21 years is unexpired at the date of the
giving of any notice by that person under sub-paragraph (2);
40
“owner”, in relation to any land, means a person, other than a
mortgagee not in possession, who is for the time being entitled to
dispose of the fee simple of the land, whether in possession or
reversion.
19
Paragraph 18 shall not apply to any subsoil or under-surface of land
45
required only for the construction of a work at a level more than 9 metres
below the level of the surface of the land.

Crossrail Bill
Schedule 7 — Planning conditions
Part 1 — Qualifying authorities
123

Compensation
20
Section 4 of the Acquisition of Land Act 1981 (c. 67) (assessment of
compensation in relation to a compulsory purchase where unnecessary
things done with a view to obtaining compensation) shall have effect in
relation to a compulsory purchase under this Act as if it were a compulsory
5
purchase for the purposes of that Act.
Schedule 7
Section 10

Planning conditions
Part 1
Qualifying authorities
10
Specification
1     (1)
As soon after the day on which this Act is passed as the Secretary of State
considers reasonably practicable, he shall, by order made by statutory
instrument, specify every relevant local authority which—
(a)
had, on or before the day on which the Bill for this Act was reported
15
from Select Committee in the House of Lords, given him
undertakings with respect to the handling of planning matters
arising under this Schedule which he considered satisfactory, and
(b)
has not subsequently been released from its undertakings.
      (2)
Subject to the following provisions of this paragraph, an authority which is
20
specified under sub-paragraph (1) is a qualifying authority for the purposes
of this Schedule.
      (3)
The Secretary of State may, if he considers it expedient to do so, by order
made by statutory instrument provide that an authority shall cease to be a
qualifying authority for the purposes of this Schedule.
25
      (4)
If, in relation to a relevant local authority which is not a qualifying authority
for the purposes of this Schedule, the Secretary of State considers that the
way in which the authority carries out its functions has been significantly
affected by a change of circumstances occurring since the relevant day, he
may by order made by statutory instrument provide that the authority shall
30
be a qualifying authority for the purposes of this Schedule.
      (5)
Before making an order under sub-paragraph (3) or (4), the Secretary of State
shall consult—
(a)
the nominated undertaker, and
(b)
unless the authority concerned has requested him to make the order,
35
that authority.
      (6)
A statutory instrument containing an order under sub-paragraph (3) or (4)
shall be subject to annulment in pursuance of a resolution of either House of
Parliament.
      (7)
In sub-paragraph (4), the reference to the relevant day is—
40

Crossrail Bill
Schedule 7 — Planning conditions
Part 2 — Development in the area of a unitary authority
124

(a)
in relation to an authority which has never been a qualifying
authority for the purposes of this Schedule, to the day mentioned in
sub-paragraph (1)(a), and
(b)
in relation to an authority which has been a qualifying authority for
the purposes of this Schedule, to the day on which it ceased, or last
5
ceased, to be such an authority.
      (8)
For the purposes of this paragraph, a local authority is a relevant local
authority if it has functions under Part 2 or 3 in relation to giving of approval
or would have such functions were it specified under sub-paragraph (1).
Transition
10
2     (1)
An order under paragraph 1 may contain such transitional provision and
savings as the Secretary of State thinks fit.
      (2)
Without prejudice to the generality of sub-paragraph (1), provision under
that sub-paragraph may include provision with respect to the effect, in a case
where the nominated undertaker has obtained, or requested, approval
15
under this Schedule, of the authority which granted the approval, or to
which the request has been made, ceasing to be, or becoming, a qualifying
authority for the purposes of this Schedule.
      (3)
The Secretary of State may by agreement fetter the exercise of his discretion
under sub-paragraph (1).
20
Part 2
Development in the area of a unitary authority
Introductory
3
This Part has effect in relation to development in the area of a unitary
authority.
25
Planning regimes
4     (1)
The requirement set out in paragraph 5 shall be a condition of the deemed
planning permission, so far as relating to relevant development in the area
of a unitary authority which is not a qualifying authority for the purposes of
this Schedule.
30
      (2)
For the purposes of sub-paragraph (1), development is relevant
development to the extent that it consists of or includes the erection,
construction, alteration or extension of any building.
      (3)
The requirements set out in paragraphs 6 to 10 shall be conditions of the
deemed planning permission, so far as relating to development in the area
35
of a unitary authority which is a qualifying authority for the purposes of this
Schedule.
      (4)
The requirements set out in paragraph 11 shall be conditions of the deemed
planning permission, so far as relating to development in the area of any
unitary authority.
40