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‘(1) This section applies if an order granting development consent includes provision authorising the compulsory acquisition of land.
(2) Part 1 of the Compulsory Purchase Act 1965 (procedure for compulsory purchase) applies to the compulsory acquisition of land under the order—
(a) as it applies to a compulsory purchase to which Part 2 of the Acquisition of Land Act 1981 applies, and
(b) as if the order were a compulsory purchase order under that Act.
(3) Part 1 of the Compulsory Purchase Act 1965, as applied by subsection (2), has effect with the omission of the following provisions—
(a) section 4 (time limit for exercise of compulsory purchase powers);
(b) paragraph 3(3) of Schedule 3 (provision as to giving of bonds).
(4) In so far as the order includes provision authorising the compulsory acquisition of land in Scotland—
(a) subsections (2) and (3) do not apply, and
(b) the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (“the 1947 Act”) applies to the compulsory acquisition of that land under the order as if the order were a compulsory purchase order as defined in section 1(1) of that Act.
(5) The 1947 Act, as applied by subsection (4), has effect with the omission of the following provisions—
(a) Parts 2 and 3 of the First Schedule (compulsory purchase by Ministers and special provisions as to certain descriptions of land);
(b) section 116 of the Lands Clauses Consolidation (Scotland) Act 1845 (time limit for exercise of compulsory purchase powers) (that section being incorporated into the 1947 Act by paragraph 1 of the Second Schedule to the 1947 Act).
(6) Subsections (2) to (5) are subject to any contrary provision made by the order granting development consent.’.— [John Healey.]
Brought up, read the First and Second time, and added to the Bill.
Amendments made: No. 114, page 56, line 15, leave out from ‘The’ to end of line 10 on page 57 and insert
‘provision that may be made under subsection (3) includes in particular provision for or relating to any of the matters listed in Part 1 of Schedule (Provision relating to, or to matters ancillary to, development)’.
No. 115, page 57, line 25, leave out from ‘(8)’ to end of line and insert
‘Subsections (3) to (7) are subject to subsection (8A) and the following provisions of this Chapter.
‘(8A) An order granting development consent may not include provision—
(a) making byelaws or conferring power to make byelaws;
(b) creating offences or conferring power to create offences;
(c) changing an existing power to make byelaws or create offences.
(8B) To the extent that provision for or relating to a matter may be included in an order granting development consent, none of the following may include any such provision—
(a) an order under section 14 or 16 of the Harbours Act 1964 (orders in relation to harbours, docks and wharves);
(b) an order under section 4(1) of the Gas Act 1965 (order authorising storage of gas in underground strata);
(c) an order under section 1 or 3 of the Transport and Works Act 1992 (orders as to railways, tramways, inland waterways etc.).’.
No. 116, line 26, leave out subsection (9).— [John Healey.]
Amendments made: No. 117, page 59, line 17, leave out from ‘that’ to end of line 22 and insert ‘the Secretary of State—
(a) is satisfied of the matters set out in subsection (3), and
(b) issues a certificate to that effect.’.
No. 118, line 28, at end insert—
‘(3A) Subsections (2) and (3) do not apply in a case within subsection (4).’.
No. 119, line 30, leave out ‘relevant’.
No. 120, line 31, leave out from ‘that’ to end of line 36 and insert ‘the Secretary of State—
(a) is satisfied of the matters set out in subsection (5), and
(b) issues a certificate to that effect.’.
No. 121, line 42, at end insert—
‘(5A) If the Secretary of State issues a certificate under subsection (2) or (4), the Secretary of State must—
(a) publish in one or more local newspapers circulating in the locality in which the statutory undertakers’ land is situated a notice in the prescribed form that the certificate has been given, and
(b) in a case where a Panel or the Council is the decision-maker, notify the Commission that the certificate has been given.’.
No. 122, line 44, leave out from beginning to end of line 45.
No. 123, line 46, leave out ‘that Act’ and insert ‘the Acquisition of Land Act 1981’.
No. 124, line 47,, after first ‘undertakers’, insert ‘—
(a) which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;
Amendments made: No. 125, page 60, line 16, leave out from ‘applies’ to end of line 18.
No. 127, line 32, after first ‘undertakers’, insert ‘—
(a) which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;
Amendments made: No. 128, page 60, line 41, leave out ‘an interest in’.
No. 129, line 42, leave out ‘interest’ and insert ‘land’.
No. 130, page 61, line 8, after ‘undertakers’, insert ‘—
(a) which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;
Amendments made: No. 131, page 61, line 18, leave out from ‘applies’ to end of line 20.
No. 132, line 34, leave out from beginning to end of line 35.— [John Healey.]
Amendments made: No. 133, page 61, line 38, at end insert—
‘(1A) This section does not apply in a case to which section 119 applies.’.
No. 134, line 41, leave out from ‘unless’ to end of line 3 on page 62 and insert ‘the Secretary of State—
(a) is satisfied that subsection (3) or (5) applies, and
(b) issues a certificate to that effect.’.
No. 135, page 62, line 10, leave out subsection (4).
No. 136, line 13, leave out ‘209.03’ and insert ‘200’.
No. 137, line 18, at end insert—
‘(5A) 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
(b) give any persons interested in the proposal an opportunity to make representations about the proposal.
(5B) The Secretary of State may also cause a public local inquiry to be held in relation to the proposal.
(5C) 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 (5B), the report of the person who held the inquiry.
(5D) Notice under subsection (5A)(a) must be given in such form and manner as the Secretary of State may direct.
(5E) 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 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.’.
No. 138, line 26, leave out subsection (7).
No. 139, line 28, leave out from ‘“common”’ to end of line 33 and insert
‘, “fuel or field garden allotment” and “open space” have the same meanings as in section 19 of the Acquisition of Land Act 1981;’.— [John Healey.]
Amendments made: No. 140, page 62, line 45, leave out ‘relevant’.
No. 141, line 45, after ‘applies’, insert
‘by the creation of a new right over land’.
No. 142, line 45, leave out from ‘unless’ to end of line 5 on page 63 and insert ‘the Secretary of State—
(a) is satisfied that one of subsections (3) to (6) applies, and
(b) issues a certificate to that effect.’.
No. 143, page 63, line 18, leave out subsection (5).
No. 144, line 21, leave out ‘209.03’ and insert ‘200’.
No. 145, line 27, at end insert—
‘(6A) 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
(b) give any persons interested in the proposal an opportunity to make representations about the proposal.
(6B) The Secretary of State may also cause a public local inquiry to be held in relation to the proposal.
(6C) 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 (6B), the report of the person who held the inquiry.
(6D) Notice under subsection (6A)(a) must be given in such form and manner as the Secretary of State may direct.
(6E) 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 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.’.
No. 146, line 29, leave out ‘relevant’.
No. 147, line 29, after ‘applies’, insert
‘by the creation of a new right over land’.
No. 148, line 38, leave out subsection (8).
No. 149, line 41, leave out ‘118’ and insert
‘19 of the Acquisition of Land Act 1981’.
No. 150, line 44, leave out ‘relevant’.
No. 151, line 46, leave out from beginning to end of line 47.— [John Healey.]
Amendment made: No. 152, page 64, line 13, at end insert—
‘(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 rights which benefit the general public.
(4) For the purposes of this section “the Crown” includes—
(c) the Speaker of the House of Lords;
(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.’.— [John Healey.]
Ordered , That clause 120 be transferred to the end of line 8 on page 65.— [John Healey.]
Amendments made: No. 153, page 64, line 20, leave out from ‘means’ to end of line and insert—
(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 consent authorises the compulsory acquisition of land, the land authorised to be compulsorily acquired;’.No. 154, line 21, leave out from ‘means’ to end of line 22 and insert—
(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 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 land.’.No. 155, line 43, at end insert—
‘(aa) 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,’.
No. 156, page 65, line 2, after ‘authorising’, insert
‘the compulsory acquisition of a right over the land by the creation of a right over it or (as the case may be)’.— [John Healey.]
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