High Speed Rail (London - West Midlands) Act 2017

(5) Subsections (6) and (7) apply for the purposes of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person in a case where subsection (4) does not apply. (6) The period specified in the notice must be— (a) in a case where the notice to treat relates only to one or more of the following— (i) the acquisition of subsoil or under-surface of land, where the subsoil or under-surface lies more than 9 metres below the surface; (ii) the acquisition of airspace over land; (iii) an easement, restrictive covenant or other right over land, a period that ends no earlier than the end of the period of 7 days beginning with the day on which the notice of entry is served, and (b) in any other case, a period that ends no earlier than the end of the period of 28 days beginning with the day on which the notice of entry is served. (7) The period specified in the notice must end no earlier than the end of the period specified in any previous notice of entry given by the acquiring authority in respect of the land.

• (4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for ““section 4 of this Act”” substitute “ section 10(1) of the High Speed Rail (London - West Midlands) Act 2017 ”.

• (4A) In Schedule 2A (proposal to acquire part only of a house, building or factory)—

• (a) omit paragraphs 1(2) and 14(2), and

• (b) at the end insert—

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under Schedule 16 to the High Speed Rail (London - West Midlands) Act 2017 (temporary possession and use of land).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

3

In its application by virtue of section 4(4), the Compulsory Purchase (Vesting Declarations) Act 1981 has effect as if—

• (a) before section 4 there were inserted section 3A (as set out in paragraph 7 of Schedule 14),

• (b) sections 5 and 5A (which respectively set out the earliest date, and the time limit, for the execution of a general vesting declaration) were omitted,

• (c) in section 6 (notices after execution of general vesting declaration), the reference to the invitation under section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981 were a reference to the invitation under section 3A(3) (as inserted by paragraphs 6 and 7 of Schedule 14),

• (d) in section 9 (minor tenancies and tenancies about to expire: power to enter on and take possession of land the subject of a notice to treat after giving the specified notice), for ““3 months”” there were substituted “ 14 days ”,

• (e) in Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), paragraph 1(2) were omitted, and

• (f) references to the Compulsory Purchase Act 1965 were to that Act as applied by section 4(3) to the acquisition of land under section 4(1).

Acquisition of Land Act 1981 (c. 67)

4

• (1) Section 4 of the Acquisition of Land Act 1981 (assessment of compensation in relation to compulsory purchase where unnecessary things done with view to obtaining compensation) has effect in relation to a compulsory purchase under this Act as if it were a compulsory purchase for the purposes of that Act.

• (2) Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of working of mines or minerals underlying an authorised undertaking) have effect in relation to land to which section 4(1) applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.

• (3) In their application by virtue of sub-paragraph (2), Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 have effect as if—

• (a) references to the acquiring authority, except the second reference in paragraph 6, were to the nominated undertaker, and

• (b) references to the undertaking were to the undertaking which the nominated undertaker is authorised by this Act to carry on.

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

Compulsory Purchase Act 1965 and compensation enactments

1

Part 1 of the Compulsory Purchase Act 1965 (referred to in this Schedule as “"CPA 1965””), as applied by section 4(3) to the acquisition of land under section 4(1), and the enactments relating to compensation for the compulsory purchase of land, apply to a compulsory acquisition under section 4(1) by virtue of section 5—

• (a) with the modifications specified in paragraph 2, and

• (b) with such other modifications as may be necessary.

2

• (1) The modifications referred to in paragraph 1(a) are as follows.

• (2) References in CPA 1965 to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired or (as the case may be) the restrictive covenant imposed or to be imposed, or

• (b) the land over which the right is, or is to be, exercisable or (as the case may be) the restrictive covenant is, or is to be, enforceable.

• (3) For section 7 of CPA 1965 substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard shall be had, not only to the extent (if any) to which the value of the land over which the right is acquired or the restrictive covenant is imposed is depreciated by the acquisition of the right or the imposition of the covenant, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

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

• (5) The following provisions of CPA 1965 (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land)—

• section 9(4) (failure of owners to convey),

• paragraph 10(3) of Schedule 1 (owners under incapacity),

• paragraph 2(3) of Schedule 2 (absent and untraced owners), and

• paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily or the benefit of the covenant which is to be imposed is vested absolutely in the acquiring authority.

• (6) Section 11 of CPA 1965 (powers of entry) is modified so as to secure that, where the acquiring authority have served notice to treat in respect of any right or restrictive covenant as well as the notice required by subsection (1) of that section (as it applies to a compulsory acquisition under section 4(1)), they have power, exercisable in the same circumstances and subject to the same conditions, to enter for the purpose of exercising that right or enforcing that covenant; and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) of that Act are modified accordingly.

• (7) Section 20 of CPA 1965 (compensation for short-term tenants) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the land, but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right or enforcement of the restrictive covenant in question.

• (8) Section 22 of CPA 1965 (protection of acquiring authority's possession of land where interest accidentally omitted from purchase) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

• (8A) For Schedule 2A to CPA 1965 substitute—

SCHEDULE 2A (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory. (2) In this Schedule, “"house”” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“"the owner””) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (““the decision period””). (7) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

• (8B) In section 5A of the Land Compensation Act 1961 (relevant valuation date)—

• (a) for subsection (5A) substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right or enforcing a restrictive covenant in pursuance of a notice of entry under section 11(1) of the Compulsory Purchase Act 1965, (b) the authority is subsequently required by a determination under paragraph 13 of Schedule 2A to that Act (as substituted by paragraph 2(8A) of Schedule 9 to the High Speed Rail (London - West Midlands) Act 2017) to acquire an interest in the land, and (c) the authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on and taken possession of that land when it entered on it for the purpose of exercising the right or enforcing the covenant.

, and

• (b) in subsection (5B), for paragraphs (a) and (b) substitute—

(a) a right over, or restrictive covenant affecting, land is the subject of a general vesting declaration, (b) by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981, the declaration has effect as if it included an interest in the land, and (c) the vesting date for the right or covenant is different from the vesting date for the interest in the land,

.

• (9) In the Land Compensation Act 1973, for section 44 substitute—

(44) (1) Where— (a) a right over land is acquired from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, or (b) a restrictive covenant over land is imposed on any person for the purpose of such works, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable or the covenant is enforceable. (2) In this section, “"compensation for injurious affection”” means compensation for injurious affection under section 7 or 20 of the Compulsory Purchase Act 1965 as applied by paragraph 1 of Schedule 9 to the High Speed Rail (London - West Midlands) Act 2017.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compulsory Purchase (Vesting Declarations) Act 1981 and compensation enactments

3

• (1) The Compulsory Purchase (Vesting Declarations) Act 1981 (“"the 1981 Act””), as applied by section 4(4) to the acquisition of land under section 4(1), applies to a compulsory acquisition under section 4(1) by virtue of section 5—

• (a) with the modifications specified in paragraph 4, and

• (b) with such other modifications as may be necessary.

• (2) The enactments relating to compensation for the compulsory purchase of land also apply to a compulsory acquisition under section 4(1) by virtue of section 5.

4

• (1) The modifications referred to in paragraph 3(1)(a) are as follows.

• (2) References in the 1981 Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired or (as the case may be) the restrictive covenant imposed or to be imposed, or

• (b) the land over which the right is, or is to be, exercisable or (as the case may be) the restrictive covenant is, or is to be, enforceable.

• (3) References in the 1981 Act to the Compulsory Purchase Act 1965 are to be read as references to that Act as it applies to a compulsory acquisition under section 4(1) by virtue of section 5.

• (4) Section 8(1) of the 1981 Act (vesting, and right to enter and take possession) is modified so as to secure—

• (a) that a general vesting declaration in respect of any right or restrictive covenant vests the right or the benefit of the covenant in the acquiring authority on the vesting date, and

• (b) that, as from the vesting date, the acquiring authority have power, exercisable in the same circumstances and subject to the same conditions, to enter land for the purpose of exercising that right or enforcing that covenant as if the circumstances mentioned in section 8(1)(a) and (b) of the 1981 Act had arisen.

• (5) Section 9(2) of the 1981 Act (right of entry under section 8(1) not exercisable in respect of land subject to certain tenancies, unless notice has been served on occupiers of the land) is modified so as to require a notice served by the appropriate authority under that provision to refer to the authority's intention to enter land specified in the notice in order to exercise the right or enforce the restrictive covenant.

• (6) In section 10(1) of the 1981 Act (acquiring authority's liability on vesting of land), the reference to the acquiring authority's taking possession of the land under section 11(1) of CPA 1965 is to be read instead as a reference to the authority's exercising the power to enter the land under that provision as modified by paragraph 2(6) of this Schedule.

• (7) Schedule A1 to the 1981 Act (counter-notice requiring purchase of land not in general vesting declaration) has effect as if—

• (a) in paragraph 1(1), for ““part only of”” there were substituted “ only the acquisition of a right over, or the imposition of a restrictive covenant affecting, ”,

• (b) paragraph 1(2) were omitted,

• (c) references to the land proposed to be acquired were (subject to paragraph (e) below) to the right proposed to be acquired or the restrictive covenant proposed to be imposed,

• (d) references to the additional land were to the house, building or factory over which the right or covenant is proposed to be exercisable or enforceable,

• (e) in paragraphs 14 and 15, references to the severance of the land proposed to be acquired were to the acquisition of the right or the imposition of the restrictive covenant, and

• (f) in paragraph 15, after ““in addition to”” there were substituted “ or in substitution for ”.

SCHEDULE 10

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11

Restriction of power of compulsory acquisition to land under the surface

1

In the case of land specified in the following table, the power under section 4(1) may be exercised only in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres below the level of the surface.

Restriction of power of compulsory acquisition to land under the surface or rights of passage

2

• (1) In the case of land specified in the following table, the power under section 4(1) may be exercised only in either or both of the following ways—

• (a) in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres below the level of the surface;

• (b) so as to acquire rights of passage.

• (2) In this paragraph, “"rights of passage”” means easements or other rights over land for the passage of persons or vehicles (with or without materials, plant and machinery) for Phase One purposes.

Supplementary

3

• (1) Paragraphs 1 and 2 are subject to any power to impose restrictive covenants by virtue of section 5(3).

• (2) Paragraphs 1 and 2 do not restrict the exercise of the power under section 4(1) in relation to a cellar, vault, arch or other construction in, on or under a highway which forms part of a building fronting on to the highway where—

• (a) the building is within the Act limits, and

• (b) the power under section 4(1) is exercisable in relation to the building.

SCHEDULE 12

SCHEDULE 13

1

• (1) If the Secretary of State makes an order under section 10(2), the following provisions have effect as from the coming into force of the order.

• (2) Those provisions do not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than 9 metres below the level of the surface of the land.

2

• (1) Sub-paragraph (2) applies if a person with a qualifying interest in any of the land in relation to which the order is made gives notice to the Secretary of State (a ““relevant notice””) that the person desires his or her interest in such of that land as is specified in the notice to be acquired by the Secretary of State.

• (2) The Secretary of State must, within 3 months immediately following receipt of the relevant notice—

• (a) enter into an agreement with the person for the acquisition of the person's interest in the whole or part of the land specified in the notice,

• (b) exercise the applicable compulsory acquisition powers in respect of the person's interest in the whole or part of that land, or

• (c) give the person notice of the Secretary of State's intention not to proceed with the purchase of the person's interest in any of that land.

• (3) For the purposes of sub-paragraph (1) a person has a ““qualifying interest”” in land if the person is the owner or lessee of the land.

3

• (1) Where a person gives the Secretary of State a relevant notice and the Secretary of State—

• (a) fails to comply with the requirements of sub-paragraph (2) of paragraph 2,

• (b) withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or

• (c) gives the person a notice under paragraph (c) of that sub-paragraph,

the applicable compulsory acquisition powers cease to be exercisable in respect of that person's interest in any of the land specified in the relevant notice.

• (2) Where—

• (a) a person gives the Secretary of State a relevant notice, and

• (b) the Secretary of State acquires in pursuance of paragraph 2(2)(a) or (b) the person's interest in some, but not all, of the land specified in the notice,

the applicable compulsory acquisition powers cease to be exercisable in respect of that person's interest in the remainder of that land.

4

• (1) References in this Schedule to the ““applicable compulsory acquisition powers”” are to—

• (a) the power to serve a notice to treat under Part 1 of the Compulsory Purchase Act 1965, as applied by section 4(3) to the acquisition of land under section 4(1), and

• (b) the power to execute a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by section 4(4) to the acquisition of land under section 4(1).

• (2) In this Schedule—

• “"lessee”” means a person who holds an interest under a lease which has at least 21 years to run at the date of the giving of a relevant notice by that person;

• “"owner””, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion.

SCHEDULE 14

1

Omit section 6.

2

In section 7(2) (acquisition of airspace), for paragraphs (a) and (b) substitute—

(a) Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat); (b) Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration); (c) section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test).

3

In section 8(2) (acquisition of subsoil or under-surface), for paragraphs (a) and (b) substitute—

(a) Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat); (b) Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration); (c) section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test).

4

In section 49 (compulsory acquisition of land for relocation)—

• (a) omit subsection (4)(b), and

• (b) in subsection (5), omit ““237,””.

5

• (1) Paragraph 2 of Schedule 6 (acquisition of land: application of Compulsory Purchase Act 1965) is amended as follows.

• (2) For sub-paragraph (3) substitute—

(3) In section 11(1B) (power to enter on and take possession of land the subject of a notice to treat after giving the specified notice)— (a) in a case where the notice to treat relates only to one or more of the following— (i) the acquisition of subsoil or under-surface of land, where the subsoil or under-surface lies more than 9 metres below the surface; (ii) the acquisition of airspace over land; (iii) an easement, restrictive covenant or other right over land, for ““3 months”” substitute “ 1 month ”, and (b) after ““11A(4)”” insert “ or (6) and (7) ”.

• (3) After that sub-paragraph insert—

(3A) In section 11A (powers of entry: further notices of entry)— (a) in subsection (1)(a), after ““land”” insert “ under that provision ”, (b) in subsection (2), after ““land”” insert “ under that provision, to the extent that the newly identified person is the owner, lessee or occupier of the land, ”, (c) in subsection (4)(a), for ““14 days”” substitute “ 7 days ”, and (d) at the end insert— (5) Subsections (6) and (7) apply for the purposes of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person in a case where subsection (4) does not apply. (6) The period specified in the notice must be— (a) in a case where the notice to treat relates only to one or more of the following— (i) the acquisition of subsoil or under-surface of land, where the subsoil or under-surface lies more than 9 metres below the surface; (ii) the acquisition of airspace over land; (iii) an easement, restrictive covenant or other right over land, a period that ends no earlier than the end of the period of 7 days beginning with the day on which the notice of entry is served, and (b) in any other case, a period that ends no earlier than the end of the period of 28 days beginning with the day on which the notice of entry is served. (7) The period specified in the notice must end no earlier than the end of the period specified in any previous notice of entry given by the acquiring authority in respect of the land.

• (4) After sub-paragraph (4) insert—

(4A) In Schedule 2A (proposal to acquire part only of a house, building or factory)— (a) omit paragraphs 1(2) and 14(2), and (b) at the end insert— (30) In this Schedule, references to entering on and taking possession of land do not include doing so under Schedule 16 to the High Speed Rail (London - West Midlands) Act 2017 (temporary possession and use of land).

• (5) Omit sub-paragraph (5).

6

For paragraph 3 of Schedule 6 (acquisition of rights in land: application of Compulsory Purchase (Vesting Declarations) Act 1981) substitute—

(3) In its application by virtue of section 4(4), the Compulsory Purchase (Vesting Declarations) Act 1981 has effect as if— (a) before section 4 there were inserted section 3A (as set out in paragraph 7 of Schedule 14), (b) sections 5 and 5A (which respectively set out the earliest date, and the time limit, for the execution of a general vesting declaration) were omitted, (c) in section 6 (notices after execution of general vesting declaration), the reference to the invitation under section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981 were a reference to the invitation under section 3A(3) (as inserted by paragraphs 6 and 7 of Schedule 14), (d) in section 9 (minor tenancies and tenancies about to expire: power to enter on and take possession of land the subject of a notice to treat after giving the specified notice), for ““3 months”” there were substituted “ 14 days ”, (e) in Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), paragraph 1(2) were omitted, and (f) references to the Compulsory Purchase Act 1965 were to that Act as applied by section 4(3) to the acquisition of land under section 4(1).

7

This is the section referred to in paragraph 3(a) of Schedule 6 (as substituted by paragraph 6 above)—

(3A) (1) Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) in a notice which is— (a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and (b) published in the London Gazette. (2) A notice under subsection (1) must be given before the service of any notice to treat in respect of the land with respect to which the declaration is to be made. (3) The notice must— (a) contain a statement, in the form prescribed for the purposes of section 15(4)(e) of the Acquisition of Land Act 1981 (with any necessary modifications), about the effect of Parts 2 and 3 of this Act, and (b) invite any person who would be entitled to claim compensation if a declaration were executed under section 4 to give the acquiring authority information about the person's name, address and interest in land, using the form prescribed for the purposes of section 15(4)(f) of the Acquisition of Land Act 1981 (with any necessary modifications). (4) A notice complying with the preceding provisions of this section must be sent to the Chief Land Registrar and it shall be a local land charge. (5) For the purposes of this section, a person has a relevant interest in land if— (a) the person is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or (b) the person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.

8

• (1) Paragraph 2 of Schedule 9 (acquisition of rights in land: application of Compulsory Purchase Act 1965) is amended as follows.

• (2) Omit sub-paragraph (4).

• (3) After sub-paragraph (8) insert—

(8A) For Schedule 2A to CPA 1965 substitute— SCHEDULE 2A (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory. (2) In this Schedule, “"house”” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“"the owner””) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (““the decision period””). (7) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

• (4) After sub-paragraph (8A) (inserted by sub-paragraph (3) above) insert—

(8B) In section 5A(5B) of the Land Compensation Act 1961 (relevant valuation date), for paragraphs (a) and (b) substitute— (a) a right over, or restrictive covenant affecting, land is the subject of a general vesting declaration, (b) by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981, the declaration has effect as if it included an interest in the land, and (c) the vesting date for the right or covenant is different from the vesting date for the interest in the land,

• (5) Omit sub-paragraph (10).

9

In paragraph 4 of Schedule 9 (acquisition of rights in land: application of Compulsory Purchase (Vesting Declarations) Act 1981), for sub-paragraph (7) substitute—

(7) Schedule A1 to the 1981 Act (counter-notice requiring purchase of land not in general vesting declaration) has effect as if— (a) in paragraph 1(1), for ““part only of”” there were substituted “ only the acquisition of a right over, or the imposition of a restrictive covenant affecting, ”, (b) paragraph 1(2) were omitted, (c) references to the land proposed to be acquired were (subject to paragraph (e) below) to the right proposed to be acquired or the restrictive covenant proposed to be imposed, (d) references to the additional land were to the house, building or factory over which the right or covenant is proposed to be exercisable or enforceable, (e) in paragraphs 14 and 15, references to the severance of the land proposed to be acquired were to the acquisition of the right or the imposition of the restrictive covenant, and (f) in paragraph 15, after ““in addition to”” there were substituted “ or in substitution for ”.

10

Omit Schedule 10.

SCHEDULE 15

Land to which Schedule applies

1

This Schedule applies to—

• (a) land within the Act limits which is held by the Secretary of State for Phase One purposes, and

• (b) land within the Act limits in relation to which the Secretary of State has acquired a right (whether by creating a new right or acquiring an existing right) or imposed a restrictive covenant for Phase One purposes.

Private rights

2

• (1) All private rights over land within paragraph 1(a) are extinguished at the appropriate time.

• (2) All private rights over land within paragraph 1(b) are extinguished at the appropriate time, so far as the continuance of those rights would be inconsistent with the exercise of the right acquired or the restrictive covenant imposed.

• (3) In this Schedule, ““private rights”” include—

• (a) private rights of way over land,

• (b) rights of common,

• (c) easements, liberties, privileges, rights or advantages annexed to land and adversely affecting other land, including any natural right to support, and

• (d) restrictions as to the user of land arising under a contract.

• (4) Where the power under section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised in the case of land within paragraph 1(a) or (b), sub-paragraph (1) or (2) (as the case may be) has effect in relation to rights of common over the land notwithstanding anything in Schedule 4 to that Act (which preserves rights of common over land until payment of compensation).

3

• (1) The Secretary of State may, in relation to a private right, direct—

• (a) that paragraph 2 does not apply to the right, or

• (b) that paragraph 2 applies to the right only to the extent specified in the direction.

• (2) A direction under sub-paragraph (1) must be given before the appropriate time.

• (3) Paragraph 2 does not apply to—

• (a) a right over land which, were the land held otherwise than by the Secretary of State, would not be capable of being acquired under section 4(1), or

• (b) a right to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc) applies (and see section 13 as to the application of those sections).

4

• (1) Any person who suffers loss by the extinction of a private right under paragraph 2 is entitled to be compensated by the nominated undertaker.

• (2) Any dispute as to a person's entitlement to compensation under this paragraph, or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

• (3) This paragraph does not apply where compensation in respect of rights of common is payable under Schedule 4 to the Compulsory Purchase Act 1965.

General rights

5

• (1) All general rights over land within paragraph 1(a) are extinguished at the appropriate time.

• (2) All general rights over land within paragraph 1(b) are extinguished at the appropriate time, so far as the continuance of those rights would be inconsistent with the exercise of the right acquired or the restrictive covenant imposed.

• (3) In this Schedule, references to ““general rights”” over land are to—

• (a) rights to access land (however expressed) which are exercisable as a result of section 2(1) of the Countryside and Rights of Way Act 2000 or an enactment mentioned in section 15 of that Act,

• (b) other public rights over land which are conferred by an enactment, and

• (c) rights exercisable as a result of trusts or incidents to which a common, town or village green, open space or allotment is subject.

6

• (1) The Secretary of State may, in relation to a general right, direct—

• (a) that paragraph 5 does not apply to the right, or

• (b) that paragraph 5 applies to the right only to the extent specified in the direction.

• (2) A direction under sub-paragraph (1) must be given before the appropriate time.

Meaning of “the appropriate time”

7

• (1) References in this Schedule to ““the appropriate time”” are to be read as follows.

• (2) In the case of—

• (a) land held immediately before the day on which this Act is passed, or

• (b) land which, immediately before that day, was land in relation to which a right had been acquired or a restrictive covenant had been imposed,

the appropriate time is the end of the period of 14 days beginning with that day.

• (3) In the case of—

• (a) land acquired on or after the day on which this Act is passed, or

• (b) land in relation to which a right has been acquired or a restrictive covenant has been imposed on or after that day,

the appropriate time is the time of acquisition or (in the case of a restrictive covenant) imposition.

• (4) Sub-paragraph (3) is subject to sub-paragraphs (5) and (6) (which apply to land or a right acquired compulsorily or to a restrictive covenant imposed compulsorily).

• (5) Where the power under section 11(1) of the Compulsory Purchase Act 1965 has been exercised in relation to the land, the appropriate time is—

• (a) the time of entry under that provision, or

• (b) in the case of the acquisition of a right or the imposition of a restrictive covenant, the time when the power to enter the land for the purpose of exercising the right or enforcing the covenant becomes exercisable under that provision (as modified in accordance with paragraph 2(6) of Schedule 9).

• (6) Where a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 has been made in relation to the land, the appropriate time is the vesting date (within the meaning of that Act).

Amendments to registers of common land or town or village greens

8

• (1) This paragraph applies where—

• (a) the Secretary of State acquires land within the Act limits for Phase One purposes, or

• (b) the Secretary of State acquires a right, or imposes a restrictive covenant, over land within the Act limits.

• (2) The Secretary of State must notify the commons registration authority of the acquisition or (in the case of a restrictive covenant) imposition if it relates to—

• (a) land registered in a register of common land as common land,

• (b) land registered in a register of town or village greens as a town or village green, or

• (c) a right of common registered in relation to land within paragraph (a) or (b).

• (3) A notice under sub-paragraph (2) must include—

• (a) a copy of this Schedule,

• (b) a copy of the instrument by which the acquisition or imposition was effected,

• (c) the number of the register unit and (where applicable) the number of the rights section entry in the register of common land or of town or village greens to which the notice relates, and

• (d) a description of the amendment required to the register in question in consequence of the acquisition or imposition.

• (4) Sub-paragraph (5) applies where, in connection with the acquisition or imposition—

• (a) other land is given in exchange, or

• (b) other land is to be made subject to a right of common equivalent to a right of common extinguished by virtue of paragraph 2.

• (5) The notice under sub-paragraph (2) must contain—

• (a) details of the land being given or the right of common being granted, and

• (b) an application for (as the case may be)—

• (i) the registration of the land as common land or as a town or village green, or

• (ii) the registration of the right being granted.

• (6) The commons registration authority must make such amendments as may be necessary to a register in consequence of sub-paragraph (2) (including any amendments necessary in consequence of sub-paragraph (5)).

• (7) Nothing in—

• (a) regulations under section 14 of the Commons Act 2006, or

• (b) regulations under section 13 of the Commons Registration Act 1965,

applies to an acquisition or imposition mentioned in sub-paragraph (1).

Interpretation

9

In this Schedule—

• (a) references to section 11(1) of the Compulsory Purchase Act 1965 are to that provision as applied by section 4(3) of this Act to the acquisition of land under section 4(1) of this Act;

• (b) references to section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 are to that section as applied by section 4(4) of this Act to the acquisition of land under section 4(1) of this Act;

• (c) “"right of common”” has the same meaning as in the Commons Act 2006.

SCHEDULE 16

Part 1 — Temporary possession for construction of works

Right to enter upon and take possession of land

1

• (1) The nominated undertaker may enter upon and take possession of the land specified in the table in Part 4 of this Schedule—

• (a) for the purpose specified in relation to the land in column (3) of the table in connection with the authorised works specified in column (4) of the table,

• (b) for the purpose of constructing such works as are mentioned in column (5) of the table in relation to the land, or

• (c) otherwise for Phase One purposes.

• (2) The nominated undertaker may (subject to paragraph 2(1)) enter upon and take possession of any other land within the Act limits for Phase One purposes.

• (3) The reference in sub-paragraph (1)(a) to the authorised works specified in column (4) of the table includes a reference to any works which are necessary or expedient for the purposes of or in connection with those works.

Exceptions

2

• (1) Paragraph 1(2) does not apply in relation to—

• (a) land which is subject to a restricted power of compulsory acquisition,

• (b) land in respect of which a notice of entry has been served under section 11 of the Compulsory Purchase Act 1965 (as applied by section 4(3) to the acquisition of land under section 4(1)), other than in connection with the acquisition of rights or subsoil only or the imposition of a restrictive covenant, or

• (c) land in respect of which a declaration has been made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (as applied by section 4(4) to the acquisition of land under section 4(1)), other than in connection with the acquisition of rights or subsoil only or the imposition of a restrictive covenant.

• (2) The power under section 4(1) (power to acquire land compulsorily) is not exercisable in relation to land specified in the table in Part 4 of this Schedule.

• (3) But sub-paragraph (2) does not apply in relation to land specified in the table to the extent (if any) that—

• (a) the land is subject to a restricted power of compulsory acquisition, or

• (b) there is power by virtue of section 5(3) to impose restrictive covenants over the land.

• (4) For the purposes of this Schedule, land is subject to a restricted power of compulsory acquisition if the power under section 4(1) may be exercised in relation to the land only—

• (a) so as to acquire rights relating to the land (see section 5(4)),

• (b) so as to acquire the subsoil or under-surface of the land or so as to acquire rights of passage over the land (see paragraphs 1 and 2 of Schedule 11),

(ignoring any power by virtue of section 5(3) to impose restrictive covenants over the land).

Powers exercisable on land of which temporary possession has been taken

3

• (1) Where under paragraph 1(1) or (2) the nominated undertaker has entered upon and taken possession of land, the nominated undertaker may, for the purposes of or in connection with the construction of the works authorised by this Act—

• (a) remove any structure or vegetation from the land,

• (b) construct such works as are mentioned in relation to the land in column (5) of the table in Part 4 of this Schedule,

• (c) construct temporary works (including the provision of means of access) and structures on the land, and

• (d) construct landscaping and other works on the land to mitigate any adverse effects of the construction, maintenance or operation of the works authorised by this Act.

• (2) The other works referred to in sub-paragraph (1)(d) include works involving the planting of trees and shrubs and the provision of replacement habitat for wild animals.

• (3) In this paragraph, “"structure”” includes any erection.

Procedure and compensation

4

• (1) Not less than 28 days before entering upon and taking possession of land under paragraph 1(1) or (2), the nominated undertaker must give notice to the owners and occupiers of the land of its intention to do so.

• (2) The nominated undertaker may not, without the agreement of the owners of the land, remain in possession of land under paragraph 1(1) or (2) after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken.

• (3) Sub-paragraph (2) does not apply, in the case of land mentioned in paragraph 1(2), if before the end of the one-year period either of the following powers has been exercised in relation to the land—

• (a) the power to serve a notice to treat under Part 1 of the Compulsory Purchase Act 1965 (as applied by section 4(3) of this Act to the acquisition of land under section 4(1));

• (b) the power to execute a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (as applied by section 4(4) of this Act to the acquisition of land under section 4(1)).

• (4) The nominated undertaker must pay compensation to the owners and occupiers of land of which possession is taken under paragraph 1(1) or (2) for any loss which they may suffer by reason of the exercise in relation to the land of the power or powers under that paragraph.

• (5) Any dispute as to a person's entitlement to compensation under sub-paragraph (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

• (6) Nothing in this paragraph affects any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (as applied by section 4(3) to the acquisition of land under section 4(1)) or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4).

5

• (1) Before giving up possession of land of which possession has been taken under paragraph 1(1) or (2), the nominated undertaker must, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide.

• (2) If no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion mentioned in paragraph 4(2) in relation to the land, the scheme is to be such as may be determined by the appropriate Ministers after consulting the nominated undertaker, the owners of the land and the relevant planning authority.

• (3) Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) must provide for land to be restored to its former condition.

• (4) Sub-paragraph (3) does not require land on which works referred to in paragraph 1(1)(b) or 3(1)(d) have been constructed to be restored to its former condition.

• (5) Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) may not provide for the nominated undertaker to replace a structure removed under paragraph 3, other than a fence.

• (6) Where the appropriate Ministers ask the relevant planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (2), they may require the nominated undertaker to reimburse to the relevant planning authority any expenses which it reasonably incurs in meeting the request.

• (7) The duty under sub-paragraph (1) in relation to any land is owed separately to the owners of the land and to the relevant planning authority.

• (8) Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may—

• (a) enter the land concerned and take that step, and

• (b) require the nominated undertaker to reimburse to it any expenses which it reasonably incurs in acting under paragraph (a).

• (9) In this paragraph—

• “"appropriate Ministers”” means the Secretary of State for Housing, Communities and Local Government and the Secretary of State for Transport and, in relation to the carrying out of any function, means those Ministers acting jointly;

• “"relevant planning authority”” means the unitary authority or, in a non-unitary area, the district council in whose area the land is situated.

• (10) But where—

• (a) the unitary authority in whose area the land is situated is a London borough council, and

• (b) as a result of a Localism Act TCPA order, a Mayoral development corporation is the local planning authority for the purposes of Part 3 of the Town and Country Planning Act 1990 for that area,

the relevant planning authority is the Mayoral development corporation instead of the London borough council.

6

• (1) The Secretary of State may make regulations modifying the operation of this Part of this Schedule—

• (a) in consequence of an order under section 198(2) of the Localism Act 2011 giving effect to a decision under section 204(2) of that Act (decision removing or restricting planning functions), or

• (b) to make transitional provision relating to—

• (i) an order mentioned in paragraph (a),

• (ii) a Localism Act TCPA order, or

• (iii) an order under section 217 of the Localism Act 2011 (order dissolving Mayoral development corporation).

• (2) Regulations under this paragraph—

• (a) must be made by statutory instrument;

• (b) may make different provision for different purposes.

• (3) A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

Part 2 — Temporary possession for maintenance of works

Right to enter upon and take possession of land

7

• (1) At any time during the maintenance period relating to any of the scheduled works, the nominated undertaker may—

• (a) enter upon and take possession of any land which is—

• (i) within 20 metres from that work, and

• (ii) within the Act limits,

if possession of the land is reasonably required for the purposes of or in connection with maintaining the work or any ancillary works connected with it, and

• (b) construct on the land such temporary works (including the provision of means of access) and structures as may be reasonably so required, unless the land is specified in the table in Part 4 of this Schedule.

• (2) Sub-paragraph (1) does not authorise the nominated undertaker to take possession of—

• (a) a house, any other structure which is for the time being occupied, or a garden belonging to a house, or

• (b) land which is subject to a restricted power of compulsory acquisition.

• (3) The nominated undertaker may only remain in possession of the land for so long as may be reasonably required to carry out the maintenance works for which possession of the land was taken.

• (4) In this paragraph—

• (a) “"the maintenance period””, in relation to any work, means the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use;

• (b) “"structure”” includes any erection;

• (c) the reference in sub-paragraph (1)(a) to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of any point on the surface below which the work is situated.

Procedure and compensation

8

• (1) Not less than 28 days before entering upon and taking possession of land under paragraph 7, the nominated undertaker must give notice to the owners and occupiers of the land of its intention to do so.

• (2) Before giving up possession of the land, the nominated undertaker must restore the land to the reasonable satisfaction of its owners.

• (3) The nominated undertaker must pay compensation to the owners and occupiers of the land for any loss which they may suffer by reason of the exercise in relation to the land of the powers under paragraph 7.

• (4) Any dispute as to a person's entitlement to compensation under sub-paragraph (3), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

• (5) Nothing in this paragraph affects any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (as applied by section 4(3) of this Act to the acquisition of land under section 4(1)), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (3).

Part 3 — Suspension of rights and enforcement

Suspension of rights relating to land

9

• (1) All private rights over land of which the nominated undertaker takes possession under paragraph 1 (1) or (2) or 7 are suspended and unenforceable for as long as the nominated undertaker remains in lawful possession of the land.

• (2) The nominated undertaker may, in relation to a private right, direct—

• (a) that sub-paragraph (1) does not apply to the right, or

• (b) that sub-paragraph (1) applies to the right only to the extent specified in the direction.

• (3) In this paragraph, ““private rights”” include—

• (a) private rights of way over land,

• (b) rights of common,

• (c) easements, liberties, privileges, rights or advantages annexed to land and adversely affecting other land, including any natural right to support, and

• (d) restrictions as to the user of land arising under a contract.

• (4) Any person who suffers loss by reason of the suspension of a right under sub-paragraph (1) is entitled to be compensated by the nominated undertaker.

• (5) Any dispute as to a person's entitlement to compensation under sub-paragraph (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

• (6) This paragraph applies to a private right which is for the benefit of Crown land if the Crown authority consents (and consent may be subject to conditions).

10

• (1) All general rights over land of which the nominated undertaker takes possession under paragraph 1 (1) or (2) or 7 are suspended and unenforceable for as long as the nominated undertaker remains in lawful possession of the land.

• (2) The nominated undertaker may, in relation to a general right, direct—

• (a) that sub-paragraph (1) does not apply to the right, or

• (b) that sub-paragraph (1) applies to the right only to the extent specified in the direction.

• (3) In this paragraph, references to ““general rights”” over land are to—

• (a) rights to access land (however expressed) which are exercisable as a result of section 2(1) of the Countryside and Rights of Way Act 2000 or an enactment mentioned in section 15 of that Act,

• (b) other public rights over land which are conferred by an enactment, and

• (c) rights exercisable as a result of trusts or incidents to which a common, town or village green, open space or allotment is subject.

Enforcement

11

• (1) Section 13 of the Compulsory Purchase Act 1965 (refusal to give possession to acquiring authority) applies for the purposes of this Schedule as if—

• (a) references to the acquiring authority were to the nominated undertaker,

• (b) references to compensation payable to the person refusing to give possession were to compensation payable under this Schedule, and

• (c) in subsection (1), for ““this Act”” there were substituted “ Schedule 16 to the High Speed Rail (London - West Midlands) Act 2017 ”.

• (2) In the case of Crown land, that section does not, by virtue of sub-paragraph (1), apply as against the Crown authority for that land.

Part 4 — Land which may be occupied and used for construction of works

SCHEDULE 17

Part 1 — Conditions

Introductory

1

The requirements in paragraphs 2 to 12 are conditions of deemed planning permission under section 20(1).

Condition relating to building works

2

• (1) To the extent that development consists of building works, it must be carried out in accordance with plans and specifications for the time being approved by the relevant planning authority.

• (2) In this paragraph “"relevant planning authority”” means, subject to paragraph 27, the unitary authority or, in a non-unitary area, the district council in whose area the development is carried out.

• (3) The relevant planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the building works to be submitted for approval.

• (4) Where the relevant planning authority exercises the power conferred under sub-paragraph (3), the plans and specifications referred to in sub-paragraph (1) must, as regards the specified respect, include a plan or specification showing the additional details.

• (5) If the relevant planning authority is a qualifying authority, it may only refuse to approve plans or specifications for the purposes of this paragraph on the ground that—

• (a) the design or external appearance of the building works ought to be modified—

• (i) to preserve the local environment or local amenity,

• (ii) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

• (iii) to preserve a site of archaeological or historic interest or nature conservation value,

and is reasonably capable of being so modified, or

• (b) the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

• (6) If the relevant planning authority is not a qualifying authority, it may only refuse to approve plans or specifications for the purposes of this paragraph on the ground that—

• (a) the design or external appearance of the building works ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified, or

• (b) the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

• (7) The relevant planning authority may only impose conditions on approval for the purposes of this paragraph on a ground referred to in sub-paragraph (5) or (6) (as the case may be).

• (8) In this paragraph, “"building works”” means the erection, construction, alteration or extension of any building, other than a temporary building.

• (9) For these purposes, a building ancillary to a scheduled work is only a temporary building if it is intended to remain in place for no longer than two years after the date on which the scheduled work is brought into general use.

• (10) The requirements in this paragraph do not apply to building works to the extent that they are ancillary to development consisting of—

• (a) the disposal of waste or spoil, or

• (b) the excavation of bulk materials from borrow pits,

(and see paragraph 7 as to such development).

Condition relating to other construction works

3

• (1) If the relevant planning authority is a qualifying authority, development to which this paragraph applies must be carried out in accordance with plans and specifications for the time being approved by that authority.

• (2) This paragraph applies to development to the extent that it consists of the construction of any of the following—

• (a) a road vehicle park;

• (b) earthworks;

• (c) sight, noise or dust screens;

• (d) transformers, telecommunications masts or pedestrian accesses to railway lines;

• (e) fences or walls;

• (f) lighting equipment.

• (3) In this paragraph “"relevant planning authority”” means, subject to paragraph 27, the unitary authority or, in a non-unitary area, the district council in whose area the development is carried out.

• (4) The relevant planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1).

• (5) Where the relevant planning authority exercises the power conferred under sub-paragraph (4), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out must, as regards the specified respect, include a plan or specification showing the additional details.

• (6) The relevant planning authority may only refuse to approve plans or specifications for the purposes of this paragraph on a ground specified in relation to the work in question in the following table.

Development	Possible grounds for refusal of approval
1. A road vehicle park.	That the design or external appearance of the works ought to, and could reasonably, be modified—to preserve the local environment or local amenity,to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, orto preserve a site of archaeological or historic interest or nature conservation value.That the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.
2. Earthworks.3. Sight, noise or dust screens.	That the design or external appearance of the works ought to, and could reasonably, be modified—to preserve the local environment or local amenity,to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, orto preserve a site of archaeological or historic interest or nature conservation value.If the development does not form part of a scheduled work, that the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.
4. Transformers, telecommunications masts or pedestrian accesses to railway lines.	That the design or external appearance of the works ought to, and could reasonably, be modified to preserve the local environment or local amenity.That the development ought to, and could reasonably, be carried out on land elsewhere within the development's permitted limits.
5. Fences and walls (except for sight, noise and dust screens).	That the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.
6. Artificial lighting equipment.	That the design of the equipment, with respect to the emission of light, ought to, and could reasonably, be modified to preserve the local environment or local amenity.If the development does not form part of a scheduled work, that the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits.

• (7) The relevant planning authority may only impose conditions on approval for the purposes of this paragraph on a ground specified in the table in sub-paragraph (6) in relation to the work in question.

• (8) Any reference in sub-paragraph (2) or (6) to a description of works does not include works of that description of a temporary nature.

• (9) In this paragraph—

• “"construction”” includes erection, alteration, extension and (in the case of lighting equipment) installation;

• “"earthworks”” means terracing, cuttings, embankments or other earth works;

• “"road vehicle park”” does not include anything which is a building;

• “"sight, noise or dust screens”” means any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.

• (10) The requirements in this paragraph do not apply where development to which this paragraph applies is ancillary to development consisting of—

• (a) the disposal of waste or spoil, or

• (b) the excavation of bulk materials from borrow pits,

(and see paragraph 7 as to such development).

Condition relating to matters ancillary to development

4

• (1) If the relevant planning authority is a qualifying authority, development must be carried out in accordance with arrangements about ancillary matters which have been approved by that authority.

• (2) In this paragraph “"ancillary matters”” means—

• (a) handling of re-useable spoil or topsoil;

• (b) storage sites for construction materials, spoil or topsoil;

• (c) construction camps;

• (d) works screening;

• (e) artificial lighting;

• (f) dust suppression;

• (g) road mud control measures.

• (3) In this paragraph, “"relevant planning authority”” means, subject to sub-paragraph (4) and paragraph 27, the unitary authority or, in a non-unitary area, the district council in whose area the development is carried out.

• (4) Where the development is in a non-unitary area and consists of waste or soil disposal or the excavation of bulk material from borrow pits, the relevant planning authority in respect of arrangements relating to ancillary matters is the county council.

• (5) The reference in sub-paragraph (1) to arrangements does not, in the case of artificial lighting, include detailed arrangements.

• (6) The relevant planning authority may only refuse to approve arrangements for the purposes of this paragraph—

• (a) on the ground that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other development which has deemed planning permission under section 20(1) and which is to be carried out in the authority's area, or

• (b) on a ground specified in relation to the matter in the following table.