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Planning Bill


Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders

69

 

129     

Local authority and statutory undertakers’ land: acquisition by public body

(1)   

Section 128(2) does not apply to the compulsory acquisition of land if the

person acquiring the land is any of the following—

(a)   

a local authority;

(b)   

a National Park authority;

5

(c)   

an urban development corporation;

(d)   

a Welsh planning board;

(e)   

statutory undertakers;

(f)   

a Minister of the Crown.

(2)   

In this section—

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“local authority” has the meaning given by section 17(4) of the Acquisition

of Land Act 1981 (c. 67);

“statutory undertakers” has the meaning given by section 8 of that Act

and also includes the authorities, bodies and undertakers—

(a)   

which are deemed to be statutory undertakers for the purposes

15

of that Act, by virtue of another enactment;

(b)   

which are statutory undertakers for the purposes of section

17(3) of that Act (see section 17(4) of that Act);

“Welsh planning board” means a board constituted under section 2(1B) of

TCPA 1990.

20

130     

National Trust land

(1)   

This section applies to land belonging to the National Trust which is held by

the Trust inalienably.

(2)   

An order granting development consent is subject to special parliamentary

procedure, to the extent that the order authorises the compulsory acquisition

25

of land to which this section applies, if the condition in subsection (3) is met.

(3)   

The condition is that—

(a)   

a representation has been made by the National Trust about the

application for the order granting development consent before the

completion of the examination of the application, and

30

(b)   

the representation has not been withdrawn.

(4)   

In this section “held inalienably”, in relation to land belonging to the National

Trust, means that the land is inalienable under section 21 of the National Trust

Act 1907 (c. cxxxvi) or section 8 of the National Trust Act 1939 (c. lxxxvi).

(5)   

In this section “the National Trust” means the National Trust for Places of

35

Historic Interest or Natural Beauty incorporated by the National Trust Act

1907 (c. cxxxvi).

131     

Commons, open spaces etc: compulsory acquisition of land

(1)   

This section applies to any land forming part of a common, open space or fuel

or field garden allotment.

40

(2)   

This section does not apply in a case to which section 132 applies.

 
 

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders

70

 

(3)   

An order granting development consent is subject to special parliamentary

procedure, to the extent that the order authorises the compulsory acquisition

of land to which this section applies, unless the Secretary of State—

(a)   

is satisfied that subsection (4) or (5) applies, and

(b)   

issues a certificate to that effect.

5

(4)   

This subsection applies if—

(a)   

replacement land has been or will be given in exchange for the order

land, and

(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

10

land.

(5)   

This subsection applies if—

(a)   

the order land does not exceed 200 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 the Secretary of State proposes to issue a certificate under subsection (3), the

Secretary of State must—

20

(a)   

give notice of the proposal or direct the person who applied for the

order granting development consent to do so, and

(b)   

give any persons interested in the proposal an opportunity to make

representations about the proposal.

(7)   

The Secretary of State may also cause a public local inquiry to be held in

25

relation to the proposal.

(8)   

The Secretary of State may issue the certificate only after considering—

(a)   

any representations made about the proposal, and

(b)   

if an inquiry has been held under subsection (7), the report of the

person who held the inquiry.

30

(9)   

Notice under subsection (6)(a) must be given in such form and manner as the

Secretary of State may direct.

(10)   

If the Secretary of State issues a certificate under subsection (3), the Secretary

of State must—

(a)   

publish in one or more local newspapers circulating in the locality in

35

which the order land is situated a notice in the prescribed form that the

certificate has been given, or direct the person who applied for the

order granting development consent to do so, and

(b)   

in a case where a Panel or the Council is the decision-maker, notify the

Commission that the certificate has been given, or direct the person

40

who applied for the order granting development consent to do so.

(11)   

If an order granting development consent authorises the compulsory

acquisition of land to which this section applies, it may include provision—

(a)   

for vesting replacement land given in exchange as mentioned in

subsection (4)(a) in the prospective seller and subject to the rights,

45

trusts and incidents mentioned in subsection (4)(b), and

 
 

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders

71

 

(b)   

for discharging the order land from all rights, trusts and incidents to

which it is subject.

(12)   

In this section —

“common”, “fuel or field garden allotment” and “open space” have the

same meanings as in section 19 of the Acquisition of Land Act 1981

5

(c. 67);

“the order land” means the land authorised to be compulsorily acquired;

“the prospective seller” means the person or persons in whom the order

land is vested;

“replacement land” means land which is not less in area than the order

10

land and which is no less advantageous to the persons, if any, entitled

to rights of common or other rights, and to the public.

132     

Commons, open spaces etc: compulsory acquisition of rights over land

(1)   

This section applies to any land forming part of a common, open space or fuel

or field garden allotment.

15

(2)   

An order granting development consent is subject to special parliamentary

procedure, to the extent that the order authorises the compulsory acquisition

of a right over land to which this section applies by the creation of a new right

over land, unless the Secretary of State—

(a)   

is satisfied that one of subsections (3) to (5) applies, and

20

(b)   

issues a certificate to that effect.

(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

25

(c)   

the public.

(4)   

This subsection applies if—

(a)   

replacement land has been or will be given in exchange for the order

right, and

(b)   

the replacement land has been or will be vested in the persons in whom

30

the order land is vested and subject to the same rights, trusts and

incidents as attach to the order land (ignoring the order granting

development consent).

(5)   

This subsection applies if—

(a)   

the order land does not exceed 200 square metres in extent or the order

35

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,

whether in the interests of the persons, if any, entitled to rights of

40

common or other rights or in the interests of the public.

(6)   

If the Secretary of State proposes to issue a certificate under subsection (2), the

Secretary of State must—

(a)   

give notice of the proposal or direct the person who applied for the

order granting development consent to do so, and

45

 
 

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders

72

 

(b)   

give any persons interested in the proposal an opportunity to make

representations about the proposal.

(7)   

The Secretary of State may also cause a public local inquiry to be held in

relation to the proposal.

(8)   

The Secretary of State may issue the certificate only after considering—

5

(a)   

any representations made about the proposal, and

(b)   

if an inquiry has been held under subsection (7), the report of the

person who held the inquiry.

(9)   

Notice under subsection (6)(a) must be given in such form and manner as the

Secretary of State may direct.

10

(10)   

If the Secretary of State issues a certificate under subsection (2), the Secretary

of State must—

(a)   

publish in one or more local newspapers circulating in the locality in

which the order land is situated a notice in the prescribed form that the

certificate has been given, or direct the person who applied for the

15

order granting development consent to do so, and

(b)   

in a case where a Panel or the Council is the decision-maker, notify the

Commission that the certificate has been given, or direct the person

who applied for the order granting development consent to do so.

(11)   

If an order granting development consent authorises the compulsory

20

acquisition of a right over land to which this section applies by the creation of

a new right over land, it may include provision—

(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

25

(4)(b), and

(b)   

for discharging the order land from all rights, trusts and incidents to

which it has previously been subject so far as their continuance would

be inconsistent with the exercise of the order right.

(12)   

In this section —

30

“common”, “fuel or field garden allotment” and “open space” have the

same meanings as in section 19 of the Acquisition of Land Act 1981

(c. 67);

“the order land” means the land to which this section applies over which

the order right is to be exercisable;

35

“the order right” means the right authorised to be compulsorily acquired;

“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,

40

(b)   

the persons, if any, entitled to rights of common or other rights

over the order land, and

(c)   

the public.

133     

Rights in connection with underground gas storage facilities

(1)   

This section applies if—

45

(a)   

the development to which an order granting development consent

relates is development within section 14(1)(c), and

 
 

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders

73

 

(b)   

the order authorises the compulsory acquisition of one or more rights

within subsection (2).

(2)   

The rights are—

(a)   

a right to store gas in underground gas storage facilities;

(b)   

a right to stop up a well, borehole or shaft, or prevent its use by another

5

person;

(c)   

a right of way over land.

(3)   

If the right within subsection (2) is an existing right to store gas in underground

gas storage facilities, this Act has effect in relation to the compulsory

acquisition of the right with the omission of section 131.

10

(4)   

If the order authorises the compulsory acquisition of the right by the creation

of a new right within subsection (2), this Act has effect in relation to the

compulsory acquisition of the right with the omission of sections 127 to 132.

134     

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

land.

(2)   

In this section —

“the order land” means—

20

(a)   

in a case where the order granting development consent

authorises the compulsory acquisition of a right over land by

the creation of a new right, the land over which the right is to be

exercisable;

(b)   

in any other case where the order granting development

25

consent authorises the compulsory acquisition of land, the land

authorised to be compulsorily acquired;

“the prospective purchaser” means—

(a)   

in a case where the order granting development consent

authorises the compulsory acquisition of a right over land by

30

the creation of a new right, the person for whose benefit the

order authorises the creation of the right;

(b)   

in any other case where the order granting development

consent authorises the compulsory acquisition of land, the

person authorised by the order to compulsorily acquire the

35

land.

(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

(b)   

affix a compulsory acquisition notice to a conspicuous object or objects

40

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

to owners, lessees and occupiers).

45

 
 

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders

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(5)   

A compulsory acquisition notice which is affixed under subsection (3)(b)

must—

(a)   

be addressed to persons occupying or having an interest in the order

land, and

(b)   

so far as practicable, be kept in place by the prospective purchaser until

5

the end of the period of 6 weeks beginning with the date on which the

order is published.

(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

land is situated.

10

(7)   

A compulsory acquisition notice is a notice in the prescribed form—

(a)   

describing the order land,

(b)   

in a case where the order granting development consent authorises the

compulsory acquisition of a right over land by the creation of a new

right, describing the right,

15

(c)   

stating that the order granting development consent includes provision

authorising the compulsory acquisition of a right over the land by the

creation of a right over it or (as the case may be) the compulsory

acquisition of the land, and

(d)   

stating that a person aggrieved by the order may challenge the order

20

only in accordance with section 118.

(8)   

A compulsory acquisition notice which is affixed under subsection (3)(b) must

also name a place where a copy of the order granting development consent

may be inspected at all reasonable hours.

Miscellaneous

25

135     

Orders: Crown land

(1)   

An order granting development consent may include provision authorising

the compulsory acquisition of an interest in Crown land only if—

(a)   

it is an interest which is for the time being held otherwise than by or on

behalf of the Crown, and

30

(b)   

the appropriate Crown authority consents to the acquisition.

(2)   

An order granting development consent may include any other provision

applying in relation to Crown land, or rights benefiting the Crown, only if the

appropriate Crown authority consents to the inclusion of the provision.

(3)   

The reference in subsection (2) to rights benefiting the Crown does not include

35

rights which benefit the general public.

(4)   

For the purposes of this section “the Crown” includes—

(a)   

the Duchy of Lancaster;

(b)   

the Duchy of Cornwall;

(c)   

the Speaker of the House of Lords;

40

(d)   

the Speaker of the House of Commons;

(e)   

the Corporate Officer of the House of Lords;

(f)   

the Corporate Officer of the House of Commons.

 
 

 
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