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129 | Local authority and statutory undertakers’ land: acquisition by public body |
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(1) | Section 128(2) does not apply to the compulsory acquisition of land if the |
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person acquiring the land is any of the following— |
| |
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(b) | a National Park authority; |
| 5 |
(c) | an urban development corporation; |
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(d) | a Welsh planning board; |
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(e) | statutory undertakers; |
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(f) | a Minister of the Crown. |
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| 10 |
“local authority” has the meaning given by section 17(4) of the Acquisition |
| |
of Land Act 1981 (c. 67); |
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“statutory undertakers” has the meaning given by section 8 of that Act |
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and also includes the authorities, bodies and undertakers— |
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(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 |
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17(3) of that Act (see section 17(4) of that Act); |
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“Welsh planning board” means a board constituted under section 2(1B) of |
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| 20 |
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(1) | This section applies to land belonging to the National Trust which is held by |
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(2) | An order granting development consent is subject to special parliamentary |
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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. |
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(3) | The condition is that— |
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(a) | a representation has been made by the National Trust about the |
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application for the order granting development consent before the |
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completion of the examination of the application, and |
| 30 |
(b) | the representation has not been withdrawn. |
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(4) | In this section “held inalienably”, in relation to land belonging to the National |
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Trust, means that the land is inalienable under section 21 of the National Trust |
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Act 1907 (c. cxxxvi) or section 8 of the National Trust Act 1939 (c. lxxxvi). |
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(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 |
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131 | Commons, open spaces etc: compulsory acquisition of land |
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(1) | This section applies to any land forming part of a common, open space or fuel |
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or field garden allotment. |
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(2) | This section does not apply in a case to which section 132 applies. |
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|
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|
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|
(3) | An order granting development consent is subject to special parliamentary |
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procedure, to the extent that the order authorises the compulsory acquisition |
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of land to which this section applies, unless the Secretary of State— |
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(a) | is satisfied that subsection (4) or (5) applies, and |
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(b) | issues a certificate to that effect. |
| 5 |
(4) | This subsection applies if— |
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(a) | replacement land has been or will be given in exchange for the order |
| |
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(b) | the replacement land has been or will be vested in the prospective seller |
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and subject to the same rights, trusts and incidents as attach to the order |
| 10 |
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(5) | This subsection applies if— |
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(a) | the order land does not exceed 200 square metres in extent or is |
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required for the widening or drainage of an existing highway or partly |
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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 |
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interests of the persons, if any, entitled to rights of common or other |
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rights or in the interests of the public. |
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(6) | If the Secretary of State proposes to issue a certificate under subsection (3), the |
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(a) | give notice of the proposal or direct the person who applied for the |
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order granting development consent to do so, and |
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(b) | give any persons interested in the proposal an opportunity to make |
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representations about the proposal. |
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(7) | The Secretary of State may also cause a public local inquiry to be held in |
| 25 |
relation to the proposal. |
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(8) | The Secretary of State may issue the certificate only after considering— |
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(a) | any representations made about the proposal, and |
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(b) | if an inquiry has been held under subsection (7), the report of the |
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person who held the inquiry. |
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(9) | Notice under subsection (6)(a) must be given in such form and manner as the |
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Secretary of State may direct. |
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(10) | If the Secretary of State issues a certificate under subsection (3), the Secretary |
| |
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(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 |
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certificate has been given, or direct the person who applied for the |
| |
order granting development consent to do so, and |
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(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. |
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(11) | If an order granting development consent authorises the compulsory |
| |
acquisition of land to which this section applies, it may include provision— |
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(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 |
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|
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|
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|
(b) | for discharging the order land from all rights, trusts and incidents to |
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“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 |
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“the order land” means the land authorised to be compulsorily acquired; |
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“the prospective seller” means the person or persons in whom the order |
| |
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“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 |
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to rights of common or other rights, and to the public. |
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132 | Commons, open spaces etc: compulsory acquisition of rights over land |
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(1) | This section applies to any land forming part of a common, open space or fuel |
| |
or field garden allotment. |
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(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 |
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over land, unless the Secretary of State— |
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(a) | is satisfied that one of subsections (3) to (5) applies, and |
| 20 |
(b) | issues a certificate to that effect. |
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(3) | This subsection applies if the order land, when burdened with the order right, |
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will be no less advantageous than it was before to the following persons— |
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(a) | the persons in whom it is vested, |
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(b) | other persons, if any, entitled to rights of common or other rights, and |
| 25 |
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(4) | This subsection applies if— |
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(a) | replacement land has been or will be given in exchange for the order |
| |
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(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 |
| |
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(5) | This subsection applies if— |
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(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. |
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(6) | If the Secretary of State proposes to issue a certificate under subsection (2), the |
| |
| |
(a) | give notice of the proposal or direct the person who applied for the |
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order granting development consent to do so, and |
| 45 |
|
| |
|
| |
|
(b) | give any persons interested in the proposal an opportunity to make |
| |
representations about the proposal. |
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(7) | The Secretary of State may also cause a public local inquiry to be held in |
| |
relation to the proposal. |
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(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. |
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(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 |
| |
| |
(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 |
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(b) | for discharging the order land from all rights, trusts and incidents to |
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which it has previously been subject so far as their continuance would |
| |
be inconsistent with the exercise of the order right. |
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| 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 |
| |
| |
“the order land” means the land to which this section applies over which |
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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 |
| |
| |
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133 | Rights in connection with underground gas storage facilities |
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(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 |
| |
|
| |
|
| |
|
(b) | the order authorises the compulsory acquisition of one or more rights |
| |
| |
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(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 |
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(c) | a right of way over land. |
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(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 |
| |
| |
| |
| 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 |
| |
| |
(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 |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
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(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 |
| |
| |
(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 |
| |
| 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. |
| |
| 25 |
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(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 |
| |
| 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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|