|
| |
|
(b) | in a case where a Panel or the Council is the decision-maker, the |
| |
Secretary of State has notified the Commission that the Secretary of |
| |
| |
(3) | This subsection applies if— |
| |
(a) | replacement land has been or will be given in exchange for the order |
| 5 |
| |
(b) | the replacement land has been or will be vested in the prospective seller |
| |
and subject to the same rights, trusts and incidents as attach to the order |
| |
| |
(4) | This subsection applies if the order land is being purchased in order to secure |
| 10 |
its preservation or improve its management. |
| |
(5) | This subsection applies if— |
| |
(a) | the order land does not exceed 209.03 square metres in extent or is |
| |
required for the widening or drainage of an existing highway or partly |
| |
for the widening and partly for the drainage of such a highway, and |
| 15 |
(b) | the giving in exchange of other land is unnecessary, whether in the |
| |
interests of the persons, if any, entitled to rights of common or other |
| |
rights or in the interests of the public. |
| |
(6) | If an order granting development consent authorises the compulsory |
| |
acquisition of land to which this section applies, it may include provision— |
| 20 |
(a) | for vesting replacement land given in exchange as mentioned in |
| |
subsection (3)(a) in the prospective seller and subject to the rights, |
| |
trusts and incidents mentioned in subsection (3)(b), and |
| |
(b) | for discharging the order land from all rights, trusts and incidents to |
| |
| 25 |
(7) | Subsection (6)(b) does not apply in a case where subsection (4) applies. |
| |
| |
“common” includes any land subject to be enclosed under the Inclosure |
| |
Acts 1845 to 1882, and any town or village green; |
| |
“fuel or field garden allotment” means any allotment set out as a fuel |
| 30 |
allotment, or a field garden allotment, under an Inclosure Act; |
| |
“open space” means any land laid out as a public garden, or used for the |
| |
purposes of public recreation, or land which is a disused burial ground; |
| |
“the order land” means the land authorised to be compulsorily acquired; |
| |
“the prospective seller” means the person or persons in whom the order |
| 35 |
| |
“replacement land” means land which is not less in area than the order |
| |
land and which is no less advantageous to the persons, if any, entitled |
| |
to rights of common or other rights, and to the public. |
| |
119 | Commons, open spaces etc: compulsory acquisition of rights over land |
| 40 |
(1) | This section applies to any land forming part of a common, open space or fuel |
| |
or field garden allotment. |
| |
(2) | An order granting development consent is subject to special parliamentary |
| |
procedure, to the extent that the order authorises the compulsory acquisition |
| |
of a relevant right over land to which this section applies, unless— |
| 45 |
|
| |
|
| |
|
(a) | in a case where the Secretary of State is the decision-maker, the |
| |
Secretary of State is satisfied that one of subsections (3) to (6) applies; |
| |
(b) | in a case where a Panel or the Council is the decision-maker, the |
| |
Secretary of State has notified the Commission that the Secretary of |
| |
| 5 |
(3) | This subsection applies if the order land, when burdened with the order right, |
| |
will be no less advantageous than it was before to the following persons— |
| |
(a) | the persons in whom it is vested, |
| |
(b) | other persons, if any, entitled to rights of common or other rights, and |
| |
| 10 |
(4) | This subsection applies if— |
| |
(a) | replacement land has been or will be given in exchange for the order |
| |
| |
(b) | the replacement land has been or will be vested in the persons in whom |
| |
the order land is vested and subject to the same rights, trusts and |
| 15 |
incidents as attach to the order land (ignoring the order granting |
| |
| |
(5) | This subsection applies if the order right is being acquired in order to secure |
| |
the preservation or improve the management of the order land. |
| |
(6) | This subsection applies if— |
| 20 |
(a) | the order land does not exceed 209.03 square metres in extent or the |
| |
order right is required in connection with the widening or drainage of |
| |
an existing highway or in connection partly with the widening and |
| |
partly with the drainage of such a highway, and |
| |
(b) | the giving of other land in exchange for the order right is unnecessary, |
| 25 |
whether in the interests of the persons, if any, entitled to rights of |
| |
common or other rights or in the interests of the public. |
| |
(7) | If an order granting development consent authorises the compulsory |
| |
acquisition of a relevant right over land to which this section applies, it may |
| |
| 30 |
(a) | for vesting replacement land given in exchange as mentioned in |
| |
subsection (4)(a) in the persons in whom the order land is vested and |
| |
subject to the rights, trusts and incidents mentioned in subsection |
| |
| |
(b) | for discharging the order land from all rights, trusts and incidents to |
| 35 |
which it has previously been subject so far as their continuance would |
| |
be inconsistent with the exercise of the order right. |
| |
(8) | Subsection (7)(b) does not apply in a case where subsection (5) applies. |
| |
| |
“common”, “fuel or field garden allotment” and “open space” have the |
| 40 |
same meanings as in section 118; |
| |
“the order land” means the land to which this section applies over which |
| |
the order right is to be exercisable; |
| |
“the order right” means the relevant right authorised to be compulsorily |
| |
| 45 |
“relevant right” means a right to which Schedule 3 to the Acquisition of |
| |
Land Act 1981 (c. 67) applies; |
| |
|
| |
|
| |
|
“replacement land” means land which will be adequate to compensate the |
| |
following persons for the disadvantages which result from the |
| |
compulsory acquisition of the order right— |
| |
(a) | the persons in whom the order land is vested, |
| |
(b) | the persons, if any, entitled to rights of common or other rights |
| 5 |
| |
| |
| |
An order granting development consent may include provision authorising |
| |
the compulsory acquisition of an interest in Crown land only if— |
| 10 |
(a) | it is an interest which is for the time being held otherwise than by or on |
| |
| |
(b) | the appropriate Crown authority consents to the acquisition. |
| |
121 | Notice of authorisation of compulsory acquisition |
| |
(1) | This section applies if— |
| 15 |
(a) | an order is made granting development consent, and |
| |
(b) | the order includes provision authorising the compulsory acquisition of |
| |
| |
| |
“the order land” means the land authorised to be compulsorily acquired; |
| 20 |
“the prospective purchaser” means the person authorised to compulsorily |
| |
acquire land by the order granting development consent. |
| |
(3) | After the order has been made, the prospective purchaser must— |
| |
(a) | serve a compulsory acquisition notice and a copy of the order on each |
| |
person to whom subsection (4) applies, and |
| 25 |
(b) | affix a compulsory acquisition notice to a conspicuous object or objects |
| |
on or near the order land. |
| |
(4) | This subsection applies to any person who, if the order granting development |
| |
consent were a compulsory purchase order, would be a qualifying person for |
| |
the purposes of section 12(1) of the Acquisition of Land Act 1981 (c. 67) (notice |
| 30 |
to owners, lessees and occupiers). |
| |
(5) | A compulsory acquisition notice which is affixed under subsection (3)(b) |
| |
| |
(a) | be addressed to persons occupying or having an interest in the order |
| |
| 35 |
(b) | so far as practicable, be kept in place by the prospective purchaser until |
| |
the end of the period of 6 weeks beginning with the date on which the |
| |
| |
(6) | The prospective purchaser must also publish a compulsory acquisition notice |
| |
in one or more local newspapers circulating in the locality in which the order |
| 40 |
| |
(7) | A compulsory acquisition notice is a notice in the prescribed form— |
| |
(a) | describing the order land, |
| |
|
| |
|
| |
|
(b) | stating that the order granting development consent includes provision |
| |
authorising the compulsory acquisition of the land, and |
| |
(c) | stating that a person aggrieved by the order may challenge the order |
| |
only in accordance with section 108. |
| |
(8) | A compulsory acquisition notice which is affixed under subsection (3)(b) must |
| 5 |
also name a place where a copy of the order granting development consent |
| |
may be inspected at all reasonable hours. |
| |
| |
| |
An order granting development consent may extinguish a public right of way |
| 10 |
over land only if the decision-maker is satisfied that— |
| |
(a) | an alternative right of way has been or will be provided, or |
| |
(b) | the provision of an alternative right of way is not required. |
| |
123 | Operation of generating stations |
| |
An order granting development consent may include provision authorising |
| 15 |
the operation of a generating station only if the development to which the |
| |
order relates is or includes the construction or extension of the generating |
| |
| |
124 | Keeping electric lines installed above ground |
| |
An order granting development consent may include provision authorising an |
| 20 |
electric line to be kept installed above ground only if the development to which |
| |
the order relates is or includes the installation of the line above ground. |
| |
125 | Diversion of watercourses |
| |
(1) | An order granting development consent may include provision authorising |
| |
the diversion of any part of a navigable watercourse only if the condition in |
| 25 |
| |
(2) | The new length of watercourse must be navigable in a reasonably convenient |
| |
manner by vessels of a kind that are accustomed to using the part of the |
| |
watercourse which is to be diverted. |
| |
(3) | In deciding whether the condition in subsection (2) is met, the effect of any |
| 30 |
bridge or tunnel must be ignored if the construction of the bridge or tunnel is |
| |
part of the development for which consent is granted by the order granting |
| |
| |
(4) | If an order granting development consent includes provision authorising the |
| |
diversion of any part of a navigable watercourse, the order is also to be taken |
| 35 |
to authorise the diversion of any tow path or other way adjacent to that part. |
| |
| |
(1) | An order granting development consent may include provision authorising |
| |
the charging of tolls in relation to a proposed highway only if a request to that |
| |
effect has been included in the application for the order. |
| 40 |
|
| |
|
| |
|
(2) | If an order granting development consent includes provision authorising the |
| |
charging of tolls in relation to a proposed highway, the order is treated as a toll |
| |
order for the purposes of sections 7 to 18 of the New Roads and Street Works |
| |
| |
(3) | An order granting development consent may include provision authorising— |
| 5 |
(a) | the appropriation of a highway by a person, or |
| |
(b) | the transfer of a highway to a person, |
| |
| only if the appropriation or transfer is connected with the construction by the |
| |
person of a highway which is designated by the order as a special road. |
| |
| 10 |
(1) | This section applies if— |
| |
(a) | an order granting development consent includes provision authorising |
| |
the discharge of water into inland waters or underground strata, and |
| |
(b) | but for the order, the person to whom development consent is granted |
| |
would have had no power to take water, or to require discharges to be |
| 15 |
made, from the inland waters or other source from which the |
| |
discharges authorised by the order are intended to be made. |
| |
(2) | The order does not have the effect of conferring any such power on that person. |
| |
128 | Development of Green Belt land |
| |
(1) | This section applies if an order granting development consent includes |
| 20 |
| |
(a) | authorising the acquisition of Green Belt land, compulsorily or by |
| |
| |
(b) | authorising the sale, exchange or appropriation of Green Belt land, or |
| |
(c) | freeing land from any restriction imposed upon it by or under the |
| 25 |
Green Belt (London and Home Counties) Act 1938 (c. xciii), or by a |
| |
covenant or other agreement entered into for the purposes of that Act. |
| |
(2) | The decision-maker must notify the relevant local authorities of the provision |
| |
| |
(3) | If the decision-maker is a Panel or the Council, the decision-maker must also |
| 30 |
notify the Secretary of State of the provision made by the order. |
| |
(4) | The relevant local authorities are— |
| |
(a) | each local authority in whose area all or part of the land is situated, |
| |
(b) | any local authority in whom all or part of the land is vested, and |
| |
(c) | each contributing local authority. |
| 35 |
(5) | In this section “local authority” and “contributing local authority” have the |
| |
same meanings as in the Green Belt (London and Home Counties) Act |
| |
1938 (c. xciii) (see section 2(1) of that Act). |
| |
|
| |
|
| |
|
| |
| |
129 | Duration of development consent order |
| |
(1) | Development for which development consent is granted must be begun before |
| |
| 5 |
(a) | the prescribed period, or |
| |
(b) | such other period (whether longer or shorter than that prescribed) as is |
| |
specified in the order granting the consent. |
| |
(2) | If the development is not begun before the end of the period applicable under |
| |
subsection (1), the order granting development consent ceases to have effect at |
| 10 |
| |
(3) | Where an order granting development consent authorises the compulsory |
| |
acquisition of land, steps of a prescribed description must be taken in relation |
| |
to the compulsory acquisition before the end of— |
| |
(a) | the prescribed period, or |
| 15 |
(b) | such other period (whether longer or shorter than that prescribed) as is |
| |
| |
(4) | If steps of the prescribed description are not taken before the end of the period |
| |
applicable under subsection (3), the authority to compulsorily acquire the land |
| |
under the order ceases to have effect. |
| 20 |
130 | When development begins |
| |
(1) | For the purposes of this Act development is taken to begin on the earliest date |
| |
on which any material operation comprised in the development begins to be |
| |
| |
(2) | “Material operation” means— |
| 25 |
(a) | a work of construction in the course of the erection, extension, |
| |
alteration or re-erection of a building; |
| |
(b) | a work of demolition of a building; |
| |
(c) | the digging of a trench which is to contain the foundations, or part of |
| |
the foundations, of a building; |
| 30 |
(d) | the laying of an underground main or pipe— |
| |
(i) | to the foundations, or part of the foundations, of a building, or |
| |
(ii) | to a trench such as is mentioned in paragraph (c); |
| |
(e) | an operation in the course of laying out or constructing a road or part |
| |
| 35 |
(f) | a change in the use of land which constitutes material development. |
| |
(3) | “Material development” has the meaning given by section 56(5) of TCPA 1990. |
| |
131 | Benefit of development consent order |
| |
(1) | If an order granting development consent is made in respect of any land, the |
| |
order has effect for the benefit of the land and all persons for the time being |
| 40 |
| |
(2) | Subsection (1) is subject to any contrary provision made in the order. |
| |
|
| |
|