Planning and Compulsory Purchase Act 2004

(73D) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered. (2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land, (b) initiating proceedings, (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice, (b) the making of an order (other than a court order). (73E) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

• (5) In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30A (inserted by section 90(3)) there are inserted the following sections—

(30B) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may, on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered. (2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land, (b) initiating proceedings, (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice, (b) the making of an order (other than a court order). (30C) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

Trees

Tree preservation orders: Scotland

95

For section 162 of the Town and Country Planning (Scotland) Act 1997 (Orders affecting land where Forestry Commissioners interested) there is substituted the following section—

(162) (1) A tree preservation order does not have effect in respect of anything done— (a) by or on behalf of the Forestry Commissioners on land placed at their disposal in pursuance of the Forestry Act 1967 or otherwise under their management or supervision; (b) by or on behalf of any other person in accordance with a relevant plan which is for the time being in force. (2) A relevant plan is a plan of operations or other working plan approved by the Forestry Commissioners under— (a) a forestry dedication agreement within the meaning of section 5 of the Forestry Act 1967, or (b) conditions of a grant or loan made under section 1 of the Forestry Act 1979. (3) A reference to a provision of the Forestry Act 1967 or the Forestry Act 1979 includes a reference to a corresponding provision replaced by that provision or any earlier corresponding provision.

Trees in conservation areas in Scotland: acts of Crown

96

In the Town and Country Planning (Scotland) Act 1997 (c. 8), after section 172(4) (preservation of trees in conservation areas) there are inserted the following subsections—

(5) An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless— (a) the first condition is satisfied, and (b) either the second or third condition is satisfied. (6) The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the planning authority in whose area the tree is situated. (7) The second condition is that the act is done with the consent of the authority. (8) The third condition is that the act is done— (a) after the end of the period of six weeks starting with the date of the notice, and (b) before the end of the period of two years starting with that date.

Miscellaneous

Old mining permissions: Scotland

97

• (1) Subsection (2) applies if—

• (a) an old mining permission relates to land which is Crown land, and

• (b) the permission has not been registered in pursuance of Part 2 of Schedule 8 to the Town and Country Planning (Scotland) Act 1997.

• (2) Paragraph 10 of that Schedule and that Part apply to the old mining permission subject to the following modifications—

• (a) in sub-paragraph (3) of that paragraph, for “16th May 1991” there is substituted “ the date of commencement of section 97(2) of the Planning and Compulsory Purchase Act 2004 ”,

• (b) in paragraph 13(3) of that Part, for “24 January 1992” there is substituted “ the date of commencement of section 97(2) of the Planning and Compulsory Purchase Act 2004 ”.

• (3) “Old mining permission” must be construed in accordance with paragraph 10 and Part 2 of that Schedule.

• (4) “Crown land” must be construed in accordance with Part 12 of the Town and Country Planning (Scotland) Act 1997.

Subordinate legislation: Scotland

98

• (1) The Scottish Ministers may by order provide that relevant subordinate legislation applies to the Crown.

• (2) The order may modify such subordinate legislation to the extent that the Scottish Ministers think appropriate for the purposes of its application to the Crown.

• (3) Relevant subordinate legislation is an instrument which—

• (a) is made under or (wholly or in part) for the purposes of any of the Scottish planning Acts,

• (b) is made before the commencement of section 90 of this Act, and

• (c) is specified in the order.

• (4) In subsection (3), “instrument” includes an instrument made under an Act of the Scottish Parliament.

Part 8 — Compulsory purchase

Acquisition of land for development

Compulsory acquisition of land for development etc

99

• (1) Section 226 of the principal Act (compulsory acquisition of land for development and other planning purposes) is amended as follows.

• (2) In subsection (1)—

• (a) the first “which” is omitted;

• (b) for paragraph (a) there is substituted the following paragraph—

(a) if the authority think that the acquisition will facilitate the carrying out of development, re-development or improvement on or in relation to the land,

;

• (c) in paragraph (b) at the beginning there is inserted “ which ”.

• (3) After subsection (1) there is inserted the following subsection—

(1A) But a local authority must not exercise the power under paragraph (a) of subsection (1) unless they think that the development, re-development or improvement is likely to contribute to the achievement of any one or more of the following objects— (a) the promotion or improvement of the economic well-being of their area; (b) the promotion or improvement of the social well-being of their area; (c) the promotion or improvement of the environmental well-being of their area.

• (4) Subsection (2) is omitted.

• (5) Nothing in this section affects a compulsory purchase order made before the commencement of this section.

Authorisation of compulsory acquisition

Procedure for authorisation by authority other than a Minister

100

• (1) The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.

• (2) In section 6 (service of documents), in subsection (4)—

• (a) after “lessee” in each place there is inserted “ , tenant ”;

• (b) after “ “lessee” there is inserted “ , “tenant” .

• (3) In section 7 (interpretation), after subsection (2) there is added—

(3) But an instrument containing regulations made for the purposes of section 13A or paragraph 4A of Schedule 1 is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) In section 11 (notices in newspapers), after subsection (2) there is added—

(3) In addition, the acquiring authority shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the order. (4) The notice under subsection (3) must— (a) be addressed to persons occupying or having an interest in the land, and (b) set out each of the matters mentioned in subsection (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under subsection (3) is first affixed).

• (5) In section 12 (notices to owners, lessees and occupiers)—

• (a) in subsection (1), for the words from “owner” to “order” (where it first appears) there is substituted “ qualifying person ”;

• (b) for subsection (2) there is substituted—

(2) A person is a qualifying person, in relation to land comprised in an order, if— (a) he is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land, or (b) he falls within subsection (2A). (2A) A person falls within this subsection if he is— (a) a person to whom the acquiring authority would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or (b) a person the acquiring authority thinks is likely to be entitled to make a relevant claim if the order is confirmed and the compulsory purchase takes place, so far as he is known to the acquiring authority after making diligent inquiry. (2B) A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).

• (6) For section 13 (confirmation of compulsory purchase order) there are substituted the following sections—

(13) (1) The confirming authority may confirm a compulsory purchase order with or without modifications if it is satisfied— (a) that the notice requirements have been complied with, and (b) that one of the conditions in subsection (2) is satisfied. (2) The conditions are— (a) no relevant objection is made; (b) every relevant objection made is either withdrawn or disregarded. (3) The confirming authority may require every person who makes a relevant objection to state the grounds of the objection in writing. (4) If the confirming authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection. (5) The notice requirements are the requirements under sections 11 and 12 to publish, affix and serve notices in connection with the compulsory purchase order. (6) A relevant objection is an objection by a person who is a qualifying person for the purposes of section 12(2), but if such a person qualifies only by virtue of section 12(2A)(b) and the confirming authority thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection. (7) Disregarded means disregarded under subsection (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase. (13A) (1) This section applies to the confirmation of a compulsory purchase order if a relevant objection is made which is neither— (a) withdrawn, nor (b) disregarded, (a remaining objection). (2) The confirming authority may proceed under the written representations procedure— (a) if the order is not subject to special parliamentary procedure, (b) in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and (c) if every person who has made a remaining objection consents in the prescribed manner. (3) If subsection (2) does not apply or if the confirming authority decides not to proceed under that subsection, it must either— (a) cause a public local inquiry to be held, or (b) give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose. (4) If a person who has made a remaining objection takes the opportunity to appear before a person appointed under subsection (3)(b) the confirming authority must give the acquiring authority and any other person it thinks appropriate the opportunity to be heard at the same time. (5) The confirming authority may confirm the order with or without modifications if it has considered the objection and either — (a) it has followed the written representations procedure, or (b) in a case which falls within subsection (3), if an inquiry was held or a person was appointed under subsection (3)(b), it has considered the report of the person who held the inquiry or who was so appointed. (6) The written representations procedure is such procedure as is prescribed for the purposes of this section including provision affording an opportunity to— (a) every person who has made a remaining objection, (b) the acquiring authority, and (c) any other person the confirming authority thinks appropriate, to make written representations as to whether the order should be confirmed. (7) Relevant objection and disregarded must be construed in accordance with section 13. (13B) (1) This section applies where the confirming authority decides under section 13A to follow the written representations procedure. (2) The confirming authority may make orders as to the costs of the parties to the written representations procedure, and as to which party must pay the costs. (3) An order under subsection (2) may be made a rule of the High Court on the application of any party named in the order. (4) The costs incurred by the confirming authority in connection with the written representations procedure must be paid by the acquiring authority, if the confirming authority so directs. (5) The confirming authority may certify the amount of its costs, and any amount so certified and directed to be paid by the acquiring authority is recoverable summarily by the confirming authority as a civil debt. (6) Section 42(2) of the Housing and Planning Act 1986 (recovery of Minister’s costs in connection with inquiries) applies to the written representations procedure as if the procedure is an inquiry specified in section 42(1) of that Act. (7) Regulations under section 13A(6) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed. (13C) (1) The confirming authority may confirm an order (with or without modifications) so far as it relates to part of the land comprised in the order (the “relevant part”) if each of the conditions in subsection (2) is met. (2) The conditions are— (a) the confirming authority is satisfied that the order ought to be confirmed so far as it relates to the relevant part but has not for the time being determined whether the order ought to be confirmed so far as it relates to the remaining part; (b) the confirming authority is satisfied that the notice requirements have been complied with. (3) If there is a remaining objection in respect of the order, the confirming authority may only act under subsection (1) after complying with section 13A(2) or (3) (as the case may be). (4) But it may act under subsection (1) without complying with those provisions if it is satisfied that all remaining objections relate solely to the remaining part of the land. (5) If the confirming authority acts under subsection (1)— (a) it must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction; (b) the order so far as it relates to each part of the land must be treated as a separate order. (6) The notices to be published, affixed and served under section 15 must include a statement as to the effect of the direction given under subsection (5)(a). (7) Notice requirements must be construed in accordance with section 13. (8) Remaining objection must be construed in accordance with section 13A.

• (7) For section 15 there is substituted—

(15) (1) After the order has been confirmed, the acquiring authority must— (a) serve a confirmation notice and a copy of the order as confirmed on each person on whom a notice was required to be served under section 12, and (b) affix a confirmation notice to a conspicuous object or objects on or near the land comprised in the order. (2) The notice under subsection (1)(b) must— (a) be addressed to persons occupying or having an interest in the land; (b) so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative. (3) The acquiring authority must also publish a confirmation notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated. (4) A confirmation notice is a notice— (a) describing the land; (b) stating that the order has been confirmed; (c) (except in the case of a notice under subsection (1)(a)) naming a place where a copy of the order as confirmed and of the map referred to there may be inspected at all reasonable hours; (d) that a person aggrieved by the order may apply to the High Court as mentioned in section 23. (5) A confirmation notice must be in the prescribed form.

• (8) The amendments made by this section do not apply to orders of which notice under section 11 of the 1981 Act has been published before commencement of this section.

Procedure for authorisation by a Minister

101

• (1) Schedule 1 to the Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.

• (2) In paragraph 2 (notices in newspapers), after sub-paragraph (2) there is added—

(3) In addition, the Minister shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the draft order. (4) The notice under sub-paragraph (3) must— (a) be addressed to persons occupying or having an interest in the land, and (b) set out each of the matters mentioned in sub-paragraph (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under sub-paragraph (3) is first affixed).

• (3) In paragraph 3 (notices to owners, lessees and occupiers)—

• (a) in sub-paragraph (1), for the words from “owner” to “order” (where it first appears) there is substituted “ qualifying person ”;

• (b) for sub-paragraph (2) there is substituted—

(2) A person is a qualifying person, in relation to land comprised in a draft order, if— (a) he is an owner, lessee, tenant (whatever the tenancy period) or occupier of any such land, or (b) he falls within sub-paragraph (2A). (2A) A person falls within this sub-paragraph if he is— (a) a person to whom the Minister would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or (b) a person the Minister thinks is likely to be entitled to make a relevant claim if the order is made and the compulsory purchase takes place, so far as he is known to the Minister after making diligent inquiry. (2B) A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).

• (4) For paragraph 4 there are substituted the following paragraphs—

(4) (1) The Minister may make a compulsory purchase order with or without modifications if he is satisfied— (a) that the notice requirements have been complied with, and (b) that one of the conditions in sub-paragraph (2) is satisfied. (2) The conditions are— (a) no relevant objection is made; (b) every relevant objection made is either withdrawn or disregarded. (3) The appropriate authority may require every person who makes a relevant objection to state the grounds of the objection in writing. (4) If the appropriate authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection. (5) The notice requirements are the requirements under paragraphs 2 and 3 to publish, affix and serve notices in connection with the compulsory purchase order. (6) A relevant objection is an objection by a person who is a qualifying person for the purposes of paragraph 3(2), but if such a person qualifies only by virtue of paragraph 3(2A)(b) and the Minister thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection. (7) Disregarded means disregarded under sub-paragraph (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase. (8) The appropriate authority is— (a) in the case of an order proposed to be made in the exercise of highway land acquisition powers, the Minister and the planning Minister acting jointly, (b) in any other case, the Minister. (9) Highway land acquisition powers must be construed in accordance with the Highways Act 1980. (10) The planning Minister is the Secretary of State for the time being having general responsibility in planning matters. (4A) (1) This paragraph applies to the making of a compulsory purchase order if a relevant objection is made which is neither— (a) withdrawn, nor (b) disregarded, (a remaining objection). (2) The appropriate authority may proceed under the written representations procedure— (a) if the order is not subject to special parliamentary procedure; (b) in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and (c) if every person who has made a remaining objection consents in the prescribed manner. (3) If sub-paragraph (2) does not apply or if the appropriate authority decides not to proceed under that sub-paragraph, it must either— (a) cause a public local inquiry to be held, or (b) give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the appropriate authority for the purpose. (4) If a person who has made a remaining objection takes the opportunity to appear before a person appointed under sub-paragraph (3)(b) the appropriate authority must give any other person it thinks appropriate the opportunity to be heard at the same time. (5) The Minister may make the order with or without modifications if— (a) the appropriate authority has considered the objection, and (b) one of the conditions in sub-paragraph (6) is satisfied. (6) The conditions are— (a) the appropriate authority has followed the written representations procedure; (b) in a case which falls within sub-paragraph (3), if an inquiry was held or a person was appointed under sub-paragraph (3)(b), the appropriate authority has considered the report of the person who held the inquiry or who was so appointed. (7) The written representations procedure is such procedure as is prescribed for the purposes of this paragraph including provision affording an opportunity to— (a) every person who has made a remaining objection, and (b) any other person the appropriate authority thinks appropriate, to make written representations as to whether the order should be made. (8) Regulations under sub-paragraph (7) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed. (9) Expressions used in this paragraph and in paragraph 4 must be construed in accordance with paragraph 4. (4B) (1) The Minister may make an order (with or without modifications) so far as it relates to part of the land comprised in the draft order (the “relevant part”) if each of the conditions in sub-paragraph (2) is met. (2) The conditions are— (a) the Minister or, if there is a remaining objection in respect of the order, the appropriate authority is satisfied that the order ought to be made so far as it relates to the relevant part but has not for the time being determined whether the order ought to be made so far as it relates to the remaining part; (b) the Minister is satisfied that the notice requirements have been complied with. (3) If there is a remaining objection in respect of the order, the Minister may only act under sub-paragraph (1) after the appropriate authority has complied with paragraph 4A(2) or (3) (as the case may be). (4) But he may act under sub-paragraph (1) without the appropriate authority having complied with those provisions if he is satisfied that all remaining objections relate solely to the remaining part of the land. (5) If the Minister acts under sub-paragraph (1)— (a) he must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction; (b) the order so far as it relates to each part of the land must be treated as a separate order. (6) The notices to be published, affixed and served under paragraph 6 must include a statement as to the effect of the direction given under sub-paragraph (5)(a). (7) Expressions used in this paragraph and in paragraph 4 or 4A must be construed in accordance with paragraph 4 or 4A (as the case may be).

• (5) For paragraph 6 there is substituted—

(6) (1) After the order has been made, the Minister must— (a) serve a making notice, and a copy of the order as made, on each person on whom a notice was required to be served under paragraph 3, and (b) affix a making notice to a conspicuous object or objects on or near the land comprised in the order. (2) The notice under sub-paragraph (1)(b) must— (a) be addressed to persons occupying or having an interest in the land; (b) so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative. (3) The Minister must also publish a making notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated. (4) A making notice is a notice— (a) describing the land; (b) stating that the order has been made; (c) (except in the case of a notice under sub-paragraph (1)(a)) naming a place where a copy of the order as made and of the map referred to there may be inspected at all reasonable hours; (d) that a person aggrieved by the order may apply to the High Court as mentioned in section 23. (5) A making notice must be in the prescribed form.

• (6) The amendments made by this section do not apply to orders of which notice under paragraph 2 of Schedule 1 to the 1981 Act has been published before commencement of this section.

Confirmation by acquiring authority

102

• (1) The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.

• (2) After section 14 there is inserted—

(14A) (1) The power to confirm an order may be exercised by the acquiring authority (instead of the confirming authority) if— (a) the confirming authority has notified the acquiring authority to that effect, and (b) the notice has not been revoked. (2) But this section does not apply to an order in respect of land— (a) falling within section 16(1) or paragraph 3(1) of Schedule 3, or (b) forming part of a common, open space or fuel or field garden allotment for the purposes of section 19. (3) The confirming authority may give notice under subsection (1) if it is satisfied— (a) that the notice requirements have been complied with, (b) that no objection has been made in relation to the proposed confirmation or that all objections have been withdrawn, and (c) that the order is capable of being confirmed without modification. (4) An objection is an objection made by any person (whether or not a person mentioned in section 12(2)), including an objection which is disregarded. (5) The power to confirm an order under subsection (1) does not include any power— (a) to confirm the order with modifications, or (b) to confirm only a part of the order. (6) The acquiring authority must notify the confirming authority as soon as reasonably practicable after it has determined whether or not to confirm the order. (7) The confirming authority may revoke a notice given by it under subsection (1). (8) But a notice may not be revoked if the determination has already been made and notified by the acquiring authority under subsection (6). (9) An order confirmed by the acquiring authority under subsection (1) is to have the same effect as if it were confirmed by the confirming authority. (10) Notices under this section must be in writing. (11) Notice requirements and disregarded must be construed in accordance with section 13.

• (3) The amendments made by this section do not apply to orders of which notice has been published under section 11 of the 1981 Act before commencement of this section.

Valuation date

Assessment of compensation: valuation date

103

• (1) The Land Compensation Act 1961 (c. 33) is amended as follows.

• (2) After section 5 there is inserted—

(5A) (1) If the value of land is to be assessed in accordance with rule (2) in section 5, the valuation must be made as at the relevant valuation date. (2) No adjustment is to be made to the valuation in respect of anything which happens after the relevant valuation date. (3) If the land is the subject of a notice to treat, the relevant valuation date is the earlier of— (a) the date when the acquiring authority enters on and takes possession of the land, and (b) the date when the assessment is made. (4) If the land is the subject of a general vesting declaration, the relevant valuation date is the earlier of— (a) the vesting date, and (b) the date when the assessment is made, and “general vesting declaration” and “vesting date” have the meanings given in section 2 of the Compulsory Purchase (Vesting Declarations) Act 1981. (5) If the acquiring authority enters on and takes possession of part of the land— (a) specified in a notice of entry, or (b) in respect of which a payment into court has been made, the authority is deemed, for the purposes of subsection (3)(a), to have entered on and taken possession of the whole of that land on that date. (6) Subsection (5) also applies for the purposes of calculating interest under the following enactments— (a) section 11(1) of the Compulsory Purchase Act 1965; (b) paragraph 3 of Schedule 3 to that Act; (c) section 85 of the Lands Clauses Consolidation Act 1845; (d) section 52A of the Land Compensation Act 1973, and references there to the date or time of entry are to be construed accordingly. (7) An assessment by the Lands Tribunal is treated as being made on the date certified by the Tribunal as— (a) the last hearing date before it makes its determination, or (b) in a case to be determined without an oral hearing, the last date for making written submissions before it makes its determination. (8) Nothing in this section affects— (a) any express provision in any other enactment which requires the valuation of land subject to compulsory acquisition to be made at a particular date; (b) the valuation of land for purposes other than the compulsory acquisition of that land (even if the valuation is to be made in accordance with the rules in section 5). (9) In this section— (a) a notice of entry is a notice under section 11(1) of the Compulsory Purchase Act 1965; (b) a payment into court is a payment into court under Schedule 3 to that Act or under section 85 of the Lands Clauses Consolidation Act 1845.

Advance payments

Compensation: advance payments to mortgagees

104

• (1) The Land Compensation Act 1973 is amended as follows.

• (2) In section 52 (right to advance payment of compensation)—

• (a) after subsection (1) there are inserted the following subsections—

(1A) If the acquiring authority have taken possession of part of the land— (a) specified in a notice of entry, or (b) in respect of which a payment into court has been made, the compensation mentioned in subsection (1) is the compensation payable for the compulsory acquisition of the interest in the whole of the land. (1B) Notice of entry and payment into court must be construed in accordance with section 5A of the Land Compensation Act 1961.

,

• (b) for subsection (6) there is substituted the following subsection—

(6) If the land is subject to a mortgage sections 52ZA and 52ZB apply.

• (3) After section 52 of that Act there are inserted the following sections—

(52ZA) (1) This section applies if— (a) an acquiring authority take possession of land, (b) a request is made in accordance with section 52(2) for an advance payment, and (c) the land is subject to a mortgage the principal of which does not exceed 90% of the relevant amount. (2) The advance payment made to the claimant must be reduced by the amount the acquiring authority think will be required by them to secure the release of the interest of the mortgagee (or all the mortgagees if there is more than one). (3) The acquiring authority must pay to the mortgagee the amount the acquiring authority think will be required by them to secure the release of the mortgagee’s interest, if— (a) the claimant so requests, and (b) the mortgagee consents to the making of the payment. (4) If there is more than one mortgagee— (a) subsection (3) applies to each mortgagee individually, but (b) payment must not be made to a mortgagee before the interest of each mortgagee whose interest has priority to his interest is released. (5) The amount of the advance payment made to the claimant under section 52 and the amount of the payments made to mortgagees under this section must not in aggregate exceed 90% of the relevant amount. (6) Subsection (7) applies if— (a) the acquiring authority estimated the compensation, (b) it appears to the acquiring authority that their estimate was too low and they revise the estimate, and (c) a request is made by the claimant in accordance with section 52(2). (7) The provisions of subsections (2) to (5) must be re-applied on the basis of the revised estimate. (52ZB) (1) This section applies if— (a) an acquiring authority take possession of land, (b) a request is made in accordance with section 52(2) for an advance payment, and (c) the land is subject to a mortgage the principal of which exceeds 90% of the relevant amount. (2) No advance payment is to be made to the claimant. (3) But the acquiring authority must pay to the mortgagee the amount found under subsection (4), if— (a) the claimant so requests, and (b) the mortgagee consents to the making of the payment. (4) The amount is whichever is the lesser of— (a) 90% of the value of the land; (b) the principal of the mortgagee’s mortgage. (5) The value of the land is the value— (a) agreed by the claimant and the acquiring authority, or (failing such agreement) (b) estimated by the acquiring authority. (6) For the purposes of subsection (5) the value of the land is to be calculated in accordance with rule 2 of section 5 of the Land Compensation Act 1961 (market value), whether or not compensation is or is likely to be assessed in due course in accordance with rule 5 of that section (equivalent re-instatement). (7) If there is more than one mortgagee, payment must not be made to a mortgagee until the interest of each mortgagee whose interest has priority to his interest is released. (8) But the total payments under subsection (3) must not in any event exceed 90% of the value of the land. (9) Subsection (10) applies if— (a) the acquiring authority estimated the compensation, (b) it appears to the acquiring authority that their estimate was too low and they revise the estimate, (c) the condition in section 52ZA(1)(b) would have been satisfied if the revised estimate had been used instead of their estimate, and (d) a request is made by the claimant in accordance with section 52(2). (10) The provisions of section 52ZA(2) to (5) must be applied on the basis of the revised estimate. (11) If— (a) the acquiring authority estimated the value of the land, (b) it appears to the acquiring authority that their estimate was too low and they revise the estimate, and (c) a request is made by the claimant in writing, any balance found to be due to a mortgagee on the basis of the revised estimate is payable in accordance with this section. (52ZC) (1) This section applies for the purposes of sections 52ZA and 52ZB. (2) The claimant must provide the acquiring authority with such information as they may require to enable them to give effect to those sections. (3) A request under section 52ZA(3) or 52ZB(3) must be made in writing and must be accompanied by the written consent of the mortgagee. (4) Subsections (4) and (8) to (9) of section 52 apply to a payment which may be or is made under section 52ZA or 52ZB as they apply to a payment which may be or is made under section 52. (5) The relevant amount is the amount of the compensation agreed or estimated as mentioned in section 52(3). (6) If the land is subject to more than one mortgage, the reference in sections 52ZA(1)(c) and 52ZB(1)(c) to the principal is to the aggregate of the principals of all of the mortgagees. (7) A payment made to a mortgagee under section 52ZA or 52ZB— (a) must be applied by the mortgagee in or towards the discharge of the principal, interest and costs and any other money due under the mortgage; (b) must be taken to be a payment on account of compensation and treated for the purposes of section 52(10) as if it were an advance payment made under section 52; (c) must be taken, with effect from the date of the payment, to reduce by the amount of the payment the amount in respect of which interest accrues for the purposes of section 11(1) of the Compulsory Purchase Act 1965, any bond under Schedule 3 to that Act or section 85 of the Lands Clauses Compensation Act 1845; (d) must be taken into account for the purposes of determining any payments (or payments into court) which may be made for the purposes of sections 14 to 16 of the Compulsory Purchase Act 1965. (8) If the amount, or aggregate amount, of any payments under— (a) sections 52 and 52ZA, or (b) section 52ZB, on the basis of the acquiring authority’s estimate of the compensation exceed the compensation as finally determined or agreed, the excess must be repaid by the claimant. (9) No payment must be made to a mortgagee— (a) if any of the circumstances mentioned in subsection (10) applies, or (b) if the compulsory acquisition is only of a right over land. (10) The circumstances are— (a) payment has been made under section 14(2) of the Compulsory Purchase Act 1965; (b) a notice under section 14(3) of that Act has been given; (c) there is an agreement under section 15(1) or 16(1) of that Act or the matter has been referred to the Lands Tribunal under that section. (11) The claimant in relation to settled land for the purposes of the Settled Land Act 1925 is the persons entitled to give a discharge for capital money.

• (4) In section 52A (right to interest where advance payment made) for subsection (2) there is substituted—

(2) If the authority make a payment under section 52(1) to any person on account of the compensation— (a) they must at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount of the compensation agreed or estimated under section 52(3) (the total amount), and (b) the difference between the paid amount and the total amount is an unpaid balance for the purposes of this section. (2A) The paid amount is— (a) the amount of the payment under section 52(1), or (b) if the land is subject to a mortgage, the aggregate of that amount and the amount of any payment made under section 52ZA(3).

Information

Power to require information

105

• (1) The Acquisition of Land Act 1981 (c. 67) is amended as follows.

• (2) After section 5 (local inquiries) there is inserted—

(5A) (1) This section applies to information about land in relation to which an acquiring authority is entitled to exercise a power of compulsory purchase. (2) The acquiring authority may serve a notice on a person mentioned in subsection (4) requiring him to give to the authority in writing the following information— (a) the name and address of any person he believes to be an owner, lessee, tenant (whatever the tenancy period) or occupier of the land; (b) the name and address of any person he believes to have an interest in the land. (3) The power in subsection (2) is exercisable for the purpose of enabling the acquiring authority to acquire the land. (4) The persons are— (a) the occupier of the land; (b) any person who has an interest in the land either as freeholder, mortgagee or lessee; (c) any person who directly or indirectly receives rent for the land; (d) any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it. (5) The notice must specify the period within which the information must be given to the acquiring authority (being a period of not less than 14 days beginning with the day on which the notice is served). (6) The notice must also specify or describe— (a) the land, (b) the compulsory purchase power, and (c) the enactment which confers the power. (7) The notice must be in writing. (8) Section 6(4) does not apply to notices to be served under this section. (5B) (1) A person commits an offence if he fails without reasonable excuse to comply with a notice served on him under section 5A. (2) A person commits an offence if, in response to a notice served on him under section 5A— (a) he gives information which is false in a material particular, and (b) when he does so, he knows or ought reasonably to know that the information is false. (3) If an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— (a) a director, manager, secretary or other similar officer of the body corporate, or (b) a person purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly. (4) The reference in subsection (3) to a director must be construed in accordance with section 331(2) of the Town and Country Planning Act 1990. (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Loss payments

Basic loss payment

106

• (1) After section 33 of the Land Compensation Act 1973 (c. 26) (home loss payments for certain caravan dwellers) there is inserted the following section—

(33A) (1) This section applies to a person— (a) if he has a qualifying interest in land, (b) if the interest is acquired compulsorily, and (c) to the extent that he is not entitled to a home loss payment in respect of any part of the interest. (2) A person to whom this section applies is entitled to payment of whichever is the lower of the following amounts— (a) 7.5% of the value of his interest; (b) £75,000. (3) A payment under this section must be made by the acquiring authority. (4) An interest in land is a qualifying interest if it is a freehold interest or an interest as tenant and (in either case) it subsists for a period of not less than one year ending with whichever is the earliest of— (a) the date on which the acquiring authority takes possession of the land under section 11 of the Compulsory Purchase Act 1965 (entry to take possession of land); (b) the date on which the acquiring authority enters the land if it proceeds under Schedule 3 to that Act; (c) the vesting date (within the meaning of the Compulsory Purchase (Vesting Declarations) Act 1981) if a declaration is made under section 4 of that Act (general vesting declaration); (d) the date on which compensation is agreed between the person and the acquiring authority; (e) the date on which the amount of compensation is determined by the Lands Tribunal. (5) The compulsory acquisition of an interest in land includes acquisition of the interest in consequence of the service of— (a) a purchase notice under section 137 of the Town and Country Planning Act 1990 (right to require purchase of certain interests); (b) a notice under section 150 of that Act (purchase of blighted land). (6) The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition; but this is subject to subsections (7) and (8). (7) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling. (8) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.

• (2) Section 33A of the Land Compensation Act 1973 (c. 26) (as inserted by subsection (1) above) does not apply in relation to a pre-commencement acquisition of an interest in land.

• (3) A pre-commencement acquisition of an interest in land is any of the following—

• (a) acquisition by means of a compulsory purchase order if the order is made or made in draft before the commencement of this section;

• (b) acquisition by means of an order made under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders relating to certain transport works) if the application for the order was made to the Secretary of State before the commencement of this section;

• (c) acquisition by means of an order under section 1 or 3 of that Act if the order is made in pursuance of section 7 of that Act (orders made without application) and the order is made in draft before the commencement of this section;

• (d) acquisition by means of a power contained in an enactment (including a private or local Act) to acquire compulsorily specified land or a specified interest in land if the Bill providing for the power is introduced into Parliament before the commencement of this section.

Occupier’s loss payment

107

• (1) After section 33A of the Land Compensation Act 1973 (inserted by section 106 of this Act) there are inserted the following sections—

(33B) (1) This section applies to a person if— (a) he has a qualifying interest in land for the purposes of section 33A, (b) the land is agricultural land, (c) the interest is acquired compulsorily, and (d) he occupied the land for the period specified in section 33A(4). (2) A person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts— (a) 2.5% of the value of his interest; (b) the land amount; (c) the buildings amount. (3) But the maximum amount which may be paid to a person under this section in respect of an interest in land is £25,000. (4) A payment under this section must be made by the acquiring authority. (5) The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition; but this is subject to subsections (6) and (7). (6) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling. (7) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil. (8) The land amount is the greater of £300 and the amount found in accordance with the following Table—

Area of the land	Amount per hectare
Not exceeding 100 hectares	£100 per hectare or part of a hectare
Exceeding 100 hectares	(a) £100 per hectare for the first 100 hectares;(b) £50 per hectare for the next 300 hectares or part of a hectare.

(9) The buildings amount is £25 per square metre (or part of a square metre) of the gross floor space of any buildings on the land. (10) The gross floor space must be measured externally. (33C) (1) This section applies to a person if— (a) he has a qualifying interest in land for the purposes of section 33A, (b) the land is not agricultural land, (c) the interest is acquired compulsorily, and (d) he occupied the land for the period specified in section 33A(4). (2) A person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts— (a) 2.5% of the value of his interest; (b) the land amount; (c) the buildings amount. (3) But the maximum amount which may be paid to a person under this section in respect of an interest in land is £25,000. (4) A payment under this section must be made by the acquiring authority. (5) The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition; but this is subject to subsections (6) and (7). (6) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling. (7) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil. (8) The land amount is the greater of— (a) £2,500; (b) £2.50 per square metre (or part of a square metre) of the area of the land. (9) But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (8)(a) there is substituted £300. (10) The buildings amount is £25 per square metre (or part of a square metre) of the gross floor space of any buildings on the land. (11) The gross floor space must be measured externally.

• (2) Sections 33B and 33C of the Land Compensation Act 1973 (c. 26) (as inserted by subsection (1) above) do not apply in relation to a pre-commencement acquisition of an interest in land.

• (3) A pre-commencement acquisition of an interest in land is any of the following—

• (a) acquisition by means of a compulsory purchase order if the order is made or made in draft before the commencement of this section;

• (b) acquisition by means of an order made under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders relating to certain transport works) if the application for the order was made to the Secretary of State before the commencement of this section;

• (c) acquisition by means of an order under section 1 or 3 of that Act if the order is made in pursuance of section 7 of that Act (orders made without application) and the order is made in draft before the commencement of this section;

• (d) acquisition by means of a power contained in an enactment (including a private or local Act) to acquire compulsorily specified land or a specified interest in land if the Bill providing for the power is introduced into Parliament before the commencement of this section.

Loss payments: exclusions

108

• (1) After section 33C of the Land Compensation Act 1973 (inserted by section 107 of this Act) there is inserted the following section—

(33D) (1) This section applies to a person if— (a) he is a person to whom section 33A, 33B or 33C applies, (b) a notice falling within subsection (4) has been served on him in relation to the land mentioned in that section, (c) at the relevant time the notice has effect or is operative, and (d) he has failed to comply with any requirement of the notice. (2) This section also applies to a person if— (a) he is a person to whom section 33A, 33B or 33C applies, (b) a copy of an order falling within subsection (5) has been served on him in relation to the land mentioned in that section, and (c) the order has not been quashed on appeal. (3) No payment may be made under section 33A, 33B or 33C to a person to whom this section applies. (4) These are the notices— (a) notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land); (b) notice under section 189 of the Housing Act 1985 (requirement to repair dwelling etc. unfit for human habitation); (c) notice under section 190 of that Act (requirement to repair dwelling etc. in state of disrepair); (d) notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (repairs notice prior to compulsory notice of acquisition of listed building). (5) These are the orders— (a) an order under section 264 of the Housing Act 1985 (closure of dwelling etc. unfit for human habitation); (b) an order under section 265 of that Act (demolition of dwelling etc. unfit for human habitation). (6) The relevant time is the time at which the compulsory purchase order in relation to the person’s interest in the land— (a) is confirmed, in the case of an order falling within section 2(2) of the Acquisition of Land Act 1981 (procedure for authorisation); (b) is made, in the case of an order falling within section 2(3) of that Act. (7) The Secretary of State may by regulations amend subsections (4) and (5).

• (2) Section 33D of the Land Compensation Act 1973 (c. 26) (as inserted by subsection (1) above) does not apply in relation to a notice or order specified in subsection (4) or (5) of that section if the notice or copy of the order was served on a person to whom that section applies before the commencement of this section.

Loss payments: supplementary

109

After section 33D of the Land Compensation Act 1973 (inserted by section 108 of this Act) there are inserted the following sections—

(33E) (1) This section applies for the purposes of sections 33A to 33C. (2) A claim for payment must be made in writing to the acquiring authority. (3) The claim must give such particulars as the authority may reasonably require for the purpose of deciding— (a) whether a payment is to be made; (b) the amount of any such payment. (4) For the purposes of the Limitation Act 1980 a person’s right of action to recover a payment must be taken to have accrued— (a) in the case of a claim under section 33A on the last day of the period specified in subsection (4) of that section; (b) in the case of a claim under section 33B or 33C on the date of his displacement from the land. (33F) (1) This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E insolvency proceedings are started in relation to the person. (2) Any of the following may make a claim instead of the person mentioned in subsection (1)— (a) a receiver, trustee in bankruptcy or the official receiver in the case of an individual; (b) an administrator, administrative receiver, liquidator or provisional liquidator or the official receiver in the case of a company or a partnership. (3) Insolvency proceedings are— (a) proceedings in bankruptcy; (b) proceedings under the Insolvency Act 1986 for the winding up of a company or an unregistered company (including voluntary winding up of a company under Part 4 of that Act); (c) proceedings for the winding up of a partnership. (33G) (1) This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E the person dies (the deceased). (2) A claim may be made by a person who— (a) occupied the land for a period of not less than one year ending with the date on which the deceased is displaced from the land, and (b) is entitled to benefit on the death of the deceased by virtue of a ground mentioned in subsection (3). (3) The grounds are— (a) a testamentary disposition; (b) the law of intestate succession; (c) the right of survivorship between joint tenants. (33H) (1) This section applies if a person is entitled in respect of the same interest in agricultural land to a payment both— (a) under section 33B of this Act, and (b) by virtue of section 12(1) of the Agriculture (Miscellaneous Provisions) Act 1968 (additional payments in consequence of compulsory acquisition of agricultural holding). (2) Payment may be made in respect of only one entitlement. (3) If the person makes a claim under both provisions he must be paid in respect of the entitlement which produces the greater amount. (33I) (1) Any dispute as to the amount of a payment to be made under section 33A, 33B or 33C must be determined by the Lands Tribunal. (2) The acquiring authority must make any payment required by section 33A not later than whichever is the latest of the following dates— (a) the last day of the period specified in section 33A(4); (b) the last day of the period of three months beginning with the day the claim is made; (c) the day on which the amount of the payment is determined. (3) The authority must make any payment required by section 33B or 33C not later than whichever is the latest of the following dates— (a) the date the person is displaced from the land; (b) the last day of the period of three months beginning with the day the claim is made; (c) the day on which the amount of the payment is determined. (4) If paragraph (c) of subsection (2) or (3) applies the authority may at any time make a payment in advance to the person entitled to a payment (the claimant). (5) If when the value of the interest is agreed or determined the amount of a payment made under subsection (4) differs from the payment required by section 33A, 33B or 33C— (a) the amount by which the advance payment exceeds the payment required must be repaid by the claimant to the authority; (b) the amount by which the payment required exceeds the advance payment must be paid by the authority to the claimant. (6) The acquiring authority must pay interest on the amount required to be paid at the rate prescribed by regulations under section 32 of the Land Compensation Act 1961. (7) Interest accrues from the date specified in paragraph (a) of subsection (2) or (3) (as the case may be). (8) The authority may, at the request of the person entitled to the payment, make a payment on account of the interest mentioned in subsection (6). (33J) (1) This section applies if— (a) an interest in land which is a qualifying interest for the purpose of section 33A is acquired by agreement by an authority which has power to acquire the interest compulsorily, and (b) the interest is acquired from a person who would be entitled to a payment under section 33A, 33B or 33C if the interest is acquired compulsorily. (2) The authority may make a payment to the person of an amount equal to the amount they would be required to pay if the interest is acquired compulsorily. (33K) (1) This section applies for the purposes of sections 33A to 33I. (2) The Secretary of State may by regulations substitute for any amount or percentage figure specified in these sections such other amount or percentage figure (as the case may be) as he thinks fit. (3) Except as provided in the following provisions of this section, a power to make regulations must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (4) This subsection applies to regulations under subsection (2) which substitute— (a) a percentage figure, or (b) an amount, in a case where the change in value condition is not satisfied. (5) A statutory instrument containing regulations to which subsection (4) applies must not be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament. (6) The change in value condition is satisfied if the Secretary of State thinks that in the case of the substitution of an amount it is expedient to make the substitution in consequence of changes in the value of money or land. (7) Regulations under subsection (2) may make different provision for different purposes.

Corresponding amendments of other enactments

Corresponding amendments of other enactments

110

• (1) This section applies to any enactment passed or made before or in the same session as the passing of this Act (other than an enactment amended by this Part) which makes provision—

• (a) in connection with the compulsory acquisition of an interest in land,

• (b) creating a power which permits the interference with or affectation of any right in relation to land, or

• (c) for the payment of any sum in connection with the acquisition, interference or affectation.

• (2) The Secretary of State may by order amend an enactment to which this section applies for the purpose of making provision which—

• (a) corresponds to provision made by this Part, or

• (b) applies any such provision or corresponding provision.

Part 9 — Miscellaneous and general

Crown

Crown

111

• (1) This Act (except Part 8) binds the Crown.

• (2) The amendment of an enactment by or by virtue of Part 8 applies to the Crown to the extent that the enactment amended so applies.

Parliament

Parliament

112

The planning Acts and this Act have effect despite any rule of law relating to Parliament or the law and practice of Parliament.

Miscellaneous

Validity of strategies, plans and documents

113

• (1) This section applies to—

• (a) a revision of the regional strategy;

• (b) the National Development Framework for Wales;

• (ba) a strategic development plan;

• (bb) a local plan;

• (bc) a minerals and waste plan;

• (bd) a supplementary plan;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) a local development plan;

• (e) a revision of a document mentioned in paragraph (b), (ba), (bb), (bc), (bd) or (d);

• (f) a spatial development strategy;

• (g) an alteration or replacement of a spatial development strategy,

and anything falling within paragraphs (a) to (g) is referred to in this section as a relevant document.

• (2) A relevant document must not be questioned in any legal proceedings except in so far as is provided by the following provisions of this section.

• (3) A person aggrieved by a relevant document may make an application to the High Court on the ground that—

• (a) the document is not within the appropriate power;

• (b) a procedural requirement has not been complied with.

• (3A) An application may not be made under subsection (3) without the leave of the High Court.

• (3B) An application for leave for the purposes of subsection (3A) must be made before the end of the period of six weeks beginning with the day after the relevant date.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The High Court may make an interim order suspending the operation of the relevant document—

• (a) wholly or in part;

• (b) generally or as it affects the property of the applicant.

• (5A) An interim order has effect—

• (a) if made on an application for leave, until the final determination of—

• (i) the question of whether leave should be granted, or

• (ii) where leave is granted, the proceedings on any application under this section made with such leave;

• (b) in any other case, until the proceedings are finally determined.

• (6) Subsection (7) applies if the High Court is satisfied—

• (a) that a relevant document is to any extent outside the appropriate power;

• (b) that the interests of the applicant have been substantially prejudiced by a failure to comply with a procedural requirement.

• (7) The High Court may—

• (a) quash the relevant document;

• (b) remit the relevant document to a person or body with a function relating to its preparation, publication, adoption or approval.

• (7A) If the High Court remits the relevant document under subsection (7)(b) it may give directions as to the action to be taken in relation to the document.

• (7B) Directions under subsection (7A) may in particular—

• (a) require the relevant document to be treated (generally or for specified purposes) as not having been approved or adopted;

• (b) require specified steps in the process that has resulted in the approval or adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken;

• (c) require action to be taken by a person or body with a function relating to the preparation, publication, adoption or approval of the document (whether or not the person or body to which the document is remitted);

• (d) require action to be taken by one person or body to depend on what action has been taken by another person or body.

• (7C) The High Court's powers under subsections (7) and (7A) are exercisable in relation to the relevant document—

• (a) wholly or in part;

• (b) generally or as it affects the property of the applicant.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) The appropriate power is—

• (a) Part 5 of the Local Democracy, Economic Development and Construction Act 2009 in the case of a revision of the regional strategy;

• (b) sections 60 to 60C above in the case of the National Development Framework for Wales or a revised Framework;

• (ba) in the case of a strategic development plan or any revision of it—

• (i) section 60M above, and

• (ii) sections 63 to 68, 68A(1), 69 to 71 and 73 to 78 above, as they apply in relation to strategic development plans (see section 60N );

• (c) Part 2 of this Act in the case of a local plan, minerals and waste plan or supplementary plan or any revision of it;

• (d) sections 62 to 78 above in the case of a local development plan or any revision of it;

• (e) sections 334 to 343 of the Greater London Authority Act 1999 (c. 29) in the case of the spatial development strategy for London or any alteration or replacement of it.

• (f) in the case of a spatial development strategy adopted by a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, or any alteration or replacement of it, whichever provisions of (or applied by) an order under that Act give the combined authority powers in relation to such a strategy;

• (10) A procedural requirement is a requirement under the appropriate power or contained in regulations or an order made under that power which relates to the adoption, publication or approval of a relevant document.

• (11) References to the relevant date must be construed as follows—

• (a) for the purposes of a revision of the regional strategy, the date when the revision is published by the Secretary of State under Part 5 of Local Democracy, Economic Development and Construction Act 2009;

• (b) for the purposes of the National Development Framework for Wales (or a revised Framework), the date when it is published by the Welsh Ministers;

• (ba) for the purposes of a strategic development plan (or a revision of it), the date when it is adopted by the corporate joint committee or approved by the Welsh Ministers (as the case may be);

• (c) for the purposes of a local plan, minerals and waste plan or supplementary plan (or a revision of it), the date when it is adopted or approved (as the case may be) under Part 2;

• (d) for the purposes of a local development plan (or a revision of it), the date when it is adopted by a local planning authority in Wales or approved by the National Assembly for Wales (as the case may be);

• (e) for the purposes of a spatial development strategy (or an alteration or replacement of it), the date when it becomes operative.

• (12) In this section references to a revision of the regional strategy include a revised strategy under section 79 of the Local Democracy, Economic Development and Construction Act 2009.

• (13) In this section, “spatial development strategy”, “spatial development strategy for London” and “joint spatial development strategy” must be construed in accordance with section 15LH.

Examinations

114

An examination of any document or plan for the purposes of Part 2 or Part 6 of this Act is a statutory inquiry within the meaning of the Tribunals and Inquiries Act 1992 (c. 53).

Grants for advice and assistance

115

In the principal Act after section 304 (grants for research and education) there is inserted the following section—

(304A) (1) The appropriate authority may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to— (a) the planning Acts; (b) the Planning and Compulsory Purchase Act 2004; (c) the enactments mentioned in subsection (2). (2) The enactments are enactments which relate to planning contained in the following Acts— (a) the Planning and Compensation Act 1991; (b) the Transport and Works Act 1992; (c) the Environment Act 1995. (3) The appropriate authority may make a grant subject to such terms and conditions as it thinks appropriate. (4) Person includes a body whether or not incorporated. (5) The appropriate authority is— (a) the Secretary of State in relation to England; (b) the National Assembly for Wales in relation to Wales.

Isles of Scilly

116

• (1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

• (2) An order may in particular provide for—

• (a) the Council of the Isles of Scilly to enter into arrangements in pursuance of section 4;

• (b) the exercise by the Council of the Isles of Scilly of any function exercisable by a local planning authority or minerals and waste planning authority under Part 2 or 3.

• (3) But an order must not be made under this section unless the Secretary of State has consulted the Council of the Isles of Scilly.

Interpretation

117

• (1) Expressions used in this Act and in the principal Act have the same meaning in this Act as in that Act.

• (2) Expressions used in this Act and in the listed buildings Act have the same meaning in this Act as in that Act.

• (3) Expressions used in this Act and in the hazardous substances Act have the same meaning in this Act as in that Act.

• (4) The planning Acts are—

• (a) the principal Act;

• (b) the listed buildings Act;

• (c) the hazardous substances Act;

• (d) the Planning (Consequential Provisions) Act 1990 (c. 11).

• (5) The principal Act is the Town and Country Planning Act 1990 (c. 8).

• (6) The listed buildings Act is the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9).

• (7) The hazardous substances Act is the Planning (Hazardous Substances) Act 1990 (c. 10).

• (8) The Scottish planning Acts are—

• (a) the Town and Country Planning (Scotland) Act 1997 (c. 8);

• (b) the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9);

• (c) the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10); and

• (d) the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11).

General

Amendments

118

• (1) Schedule 6 contains amendments of the planning Acts.

• (2) Schedule 7 contains amendments of other enactments.

• (3) A reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an enactment amended by this Act must be taken to be a reference to the enactment as so amended.

• (4) But subsection (3) does not affect such an enactment to the extent that the amendment makes express provision in connection with the exercise of a function in relation to Wales.

Transitionals

119

• (1) Schedule 8 contains transitional provisions relating to Parts 1 and 2.

• (2) The Scottish Ministers may by order make such transitional provision for Scotland, corresponding to the provisions of Schedule 4 and to section 30B of the hazardous substances Act (inserted by section 79(3)), as they consider necessary or expedient.

Repeals

120

Schedule 9 contains repeals.

Commencement

121

• (1) The preceding provisions of this Act (except section 115 and the provisions specified in subsections (4), (5) and (6)) come into force on such day as the Secretary of State may by order appoint.

• (2) But the Secretary of State must not make an order which relates to any of the following provisions unless he first consults the National Assembly for Wales—

• (a) Part 3;

• (b) Part 4, except sections 44 and 55;

• (c) Part 5;

• (d) in Part 7, Chapter 1;

• (e) Part 8;

• (f) in this Part sections 113, 114, 117, 118 and 120;

• (g) Schedules 3, 4, 6, 7 and 9.

• (3) And the Secretary of State must not make an order which relates to section 91 unless he first consults and has the agreement of the Scottish Ministers.

• (3A) Subsections (1) and (2) are subject to subsection (3B).

• (3B) Section 43 (power to decline to determine applications) (so far as not in force on the day on which paragraph 7 of Schedule 7 of the Planning Act 2008 comes into force) comes into force on such day as may be appointed by order made by—

• (a) the Secretary of State in relation to England;

• (b) the Welsh Ministers in relation to Wales.

• (4) The following provisions come into force on such day as the Scottish Ministers may by order appoint—

• (a) sections 90 and 92 to 98;

• (b) Schedule 5;

• (c) section 117(8);

• (d) in so far as relating to the Town and Country Planning (Scotland) Act 1997, section 118(2) and Schedule 7;

• (e) section 119(2); and

• (f) in so far as relating to that Act, to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or to the Planning (Hazardous Substances) (Scotland) Act 1997, section 120 and Schedule 9.

• (5) Part 6 comes into force in accordance with provision made by the National Assembly for Wales by order.

• (6) In Schedule 7, paragraph 10(7) comes into force at the end of the period of two months starting on the day this Act is passed.

Regulations and orders

122

• (1) A power to prescribe is (unless express provision is made to the contrary) a power to prescribe by regulations exercisable—

• (zb) regulations made under section 39A(3);

• (a) by the Secretary of State in relation to England;

• (b) by the Welsh Ministers in relation to Wales.

• (2) References in this section to subordinate legislation are to any order or regulations under this Act.

• (3) Subordinate legislation—

• (a) may make different provision for different purposes;

• (b) may include such supplementary, incidental, consequential, saving or transitional provisions (including provision amending, repealing or revoking enactments) as the person making the subordinate legislation thinks necessary or expedient.

• (4) A power to make subordinate legislation must be exercised by statutory instrument.

• (5) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament unless it contains—

• (a) regulations made by the Secretary of State under section 46;

• (b) an order under section 98, 116(1) or 119(2);

• (c) an order under section 110(2);

• (d) an order under section 121(1) to which subsection (8) applies;

• (e) an order under section 121(4);

• (f) provision amending or repealing an enactment contained in an Act;

• (g) subordinate legislation made by the Welsh Ministers .

• (6) A statutory instrument mentioned in subsection (5) (za), (zb), (a), (c) or (f) must not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.

• (6A) Subsection (6) does not apply in relation to a statutory instrument containing subordinate legislation made by the Welsh Ministers.

• (6B) The Welsh Ministers must not make a statutory instrument containing subordinate legislation which includes provision amending or repealing an enactment contained in primary legislation unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

• (6C) A statutory instrument containing subordinate legislation made by the Welsh Ministers to which subsection (6B) does not apply is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (7) A statutory instrument containing an order under section 98 or 119(2) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (8) This subsection applies to an order which does not contain provision amending or repealing an enactment contained in an Act.

• (9) A statutory instrument containing an order under section 121(4), if it includes provision amending or repealing an enactment contained in an Act, must not be made unless a draft of the instrument has been laid before and approved by resolution of the Scottish Parliament.

• (10) In subsection (3), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament and in subsections (8) and (9), “Act” includes such an Act and “enactment” includes an enactment comprised in such an Act.

• (11) In subsection (6B), “primary legislation” means—

• (a) an Act of Parliament;

• (b) an Act or Measure of the National Assembly for Wales.

Finance

123

• (1) There is to be paid out of money provided by Parliament—

• (a) any expenses of the Secretary of State in making grants in connection with the provision of advice and assistance in relation to the planning Acts;

• (b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

• (2) There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums so payable under any other enactment.

Extent

124

• (1) Except as otherwise provided in this section, this Act extends to England and Wales only.

• (2) Sections 111(1), 118(2), 120 to 122, this section and section 125 extend also to Scotland.

• (3) Sections 90 to 98, 117(8) and 119(2) extend to Scotland only.

• (4) The extent of any amendment, repeal or revocation made by this Act is the same as that of the enactment amended, repealed or revoked.

Short Title

125

This Act may be cited as the Planning and Compulsory Purchase Act 2004.

SCHEDULE 1

In the principal Act after Schedule 4 (special provision as to land use in 1948) there is inserted the following Schedule—

SCHEDULE 2

Decisions

1

This Schedule applies to any decision which must be taken by the Secretary of State under—

• (a) section 77 of the principal Act (reference of applications to Secretary of State);

• (b) section 78 of the principal Act (right to appeal against planning decisions).

2

• (1) This Schedule also applies to a decision not mentioned in paragraph 1 if each of the following two conditions applies.

• (2) The first condition is that the Secretary of State thinks the decision is connected with a decision mentioned in paragraph 1.

• (3) The second condition is that—

• (a) the Secretary of State is required by virtue of any enactment to take the decision, or

• (b) (in any case to which paragraph (a) does not apply) the Secretary of State by virtue of a power under any enactment directs that the decision must be referred to him.

3

But the Secretary of State may by order specify decisions or descriptions of decisions to which a timetable is not to apply.

Timetable

4

• (1) The Secretary of State must make one or more timetables for the purposes of decisions to which this Schedule applies.

• (2) A timetable may make different provision for different decisions or different descriptions of decision.

• (3) A timetable—

• (a) has effect from such time as the Secretary of State determines;

• (b) must set out the time within which the decision must be taken;

• (c) may set out the time within which any other step to be taken for the purposes of the decision must be taken.

• (4) A timetable made under this paragraph must be published in such form and manner as the Secretary of State thinks appropriate.

Notice

5

• (1) The Secretary of State must notify the following persons as soon as practicable of the published timetable which applies to a decision—

• (a) the applicant or appellant (as the case may be) in relation to the decision;

• (b) the local planning authority for the area to which the decision relates;

• (c) any other person who requests such notification.

• (2) But the Secretary of State may direct that the timetable is subject to such variation as he specifies in the notice under sub-paragraph (1).

• (3) If the Secretary of State acts under sub-paragraph (2) the notice under sub-paragraph (1) must also specify the reasons for the variation.

• (4) The timetable notified under this paragraph is the applicable timetable.

Variation

6

• (1) This paragraph applies if before the time at which any step must be taken in accordance with the applicable timetable the Secretary of State thinks that there are circumstances which are likely to prevent the taking of the step at that time.

• (2) The Secretary of State may vary the applicable timetable accordingly.

• (3) If the Secretary of State varies the applicable timetable under sub-paragraph (2) he must notify the persons mentioned in paragraph 5(1) of the variation and the reason for it.

Written reasons

7

If the Secretary of State fails to take any step in accordance with the applicable timetable (or that timetable as varied under paragraph 6) he must give written reasons to the persons mentioned in paragraph 5(1).

Annual report

8

• (1) The Secretary of State must lay before Parliament a report in respect of each year which—

• (a) reviews his performance under the provisions of this Schedule;

• (b) explains any failure to comply with a timetable.

• (2) The report must be published in such form and manner as the Secretary of State thinks appropriate.

SCHEDULE 3

Purchase notices

1

After section 137 of the principal Act (circumstances in which a purchase notice may be served) there is inserted the following section—

(137A) (1) A purchase notice may be served in respect of Crown land only as mentioned in this section. (2) The owner of a private interest in Crown land must not serve a purchase notice unless— (a) he first offers to dispose of his interest to the appropriate authority on equivalent terms, and (b) the offer is refused by the appropriate authority. (3) The appropriate authority may serve a purchase notice in relation to the following land— (a) land belonging to Her Majesty in right of Her private estates; (b) land belonging to Her Majesty in right of the Duchy of Lancaster; (c) land belonging to the Duchy of Cornwall; (d) land which forms part of the Crown Estate. (4) An offer is made on equivalent terms if the price payable for the interest is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable in respect of it if it were acquired in pursuance of a purchase notice. (5) Expressions used in this section and in Part 13 must be construed in accordance with that Part.

2

After section 32 of the listed buildings Act (circumstances in which a purchase notice may be served) there is inserted the following section—

(32A) (1) A listed building purchase notice may be served in respect of Crown land only as mentioned in this section. (2) The owner of a private interest in Crown land must not serve a listed building purchase notice unless— (a) he first offers to dispose of his interest to the appropriate authority on equivalent terms, and (b) the offer is refused by the appropriate authority. (3) The appropriate authority may serve a listed building purchase notice in relation to the following land— (a) land belonging to Her Majesty in right of Her private estates; (b) land belonging to Her Majesty in right of the Duchy of Lancaster; (c) land belonging to the Duchy of Cornwall; (d) land which forms part of the Crown Estate. (4) An offer is made on equivalent terms if the price payable for the interest is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable in respect of it if it were acquired in pursuance of a listed building purchase notice.

Compulsory acquisition

3

• (1) Section 226 of the principal Act (compulsory acquisition of land for development and other planning purposes) is amended as follows.

• (2) After subsection (2) there is inserted the following subsection—

(2A) The Secretary of State must not authorise the acquisition of any interest in Crown land unless— (a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and (b) the appropriate authority consents to the acquisition.

• (3) After subsection (8) there is inserted the following subsection—

(9) Crown land must be construed in accordance with Part 13.

4

• (1) Section 228 of the principal Act (compulsory acquisition of land by the Secretary of State) is amended as follows.

• (2) After subsection (1) there is inserted the following subsection—

(1A) But subsection (1) does not permit the acquisition of any interest in Crown land unless— (a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and (b) the appropriate authority consents to the acquisition.

• (3) After subsection (7) there is inserted the following subsection—

(8) Crown land must be construed in accordance with Part 13.

5

• (1) Section 47 of the listed buildings Act (compulsory acquisition of listed building in need of repair) is amended as follows.

• (2) After subsection (6) there is inserted the following subsection—

(6A) This section does not permit the acquisition of any interest in Crown land unless— (a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and (b) the appropriate authority (within the meaning of section 82C) consents to the acquisition.

Definitions

6

• (1) Section 293 of the principal Act (preliminary definitions) is amended as follows.

• (2) In subsection (1) for the definition of “Crown interest” there is substituted the following definition—

“Crown interest” means any of the following— (a) an interest belonging to Her Majesty in right of the Crown or in right of Her private estates; (b) an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department; (c) such other interest as the Secretary of State specifies by order;

.

• (3) In subsection (2) after paragraph (b) there is inserted the following paragraph—

(ba) in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;

.

• (4) In subsection (2) after paragraph (e) there are inserted the following paragraphs—

(f) in relation to Westminster Hall and the Chapel of St Mary Undercroft, means the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly; (g) in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, means the Lord Great Chamberlain.

• (5) After subsection (2) there is inserted the following subsection—

(2A) For the purposes of an application for planning permission made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no interest a reference to the appropriate authority must be construed as a reference to the person who makes the application.

• (6) After subsection (3) there are inserted the following subsections—

(3A) References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862. (3B) In subsection (2A) the Crown includes— (a) the Duchy of Lancaster; (b) the Duchy of Cornwall; (c) a person who is an appropriate authority by virtue of subsection (2)(f) and (g).

• (7) After subsection (4) there are inserted the following subsections—