Planning and Infrastructure Act 2025

• “local planning authority” has the same meaning as in the Town and Country Planning Act 1990 (see Part 1 of that Act);

• “marine conservation zone” means an area designated as such under section 116 of the Marine and Coastal Access Act 2009;

• “nature restoration levy regulations” has the meaning given in section 73;

• “overall improvement test” means the test set out in section 65(4);

• “protected site” means— a European site, an SSSI, a Ramsar site, or a marine conservation zone, and “protected feature”, in relation to a protected site, means any habitat or species, or assemblage of habitats or species, or any feature of geological, geomorphological or physiographical interest by reason of which the site is a protected site;

• “protected species” means a species of animal or plant that is— listed in Schedule 2, 4 or 5 of the Habitats Regulations 2017, or protected by— Part 1 of the Wildlife and Countryside Act 1981, or the Protection of Badgers Act 1992;

• “public authority” means a person who exercises functions of a public nature;

• “Ramsar Convention” means the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2 February 1971, as amended by— the Protocol known as the Paris Protocol done at Paris on 3 December 1982, and the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28 May and 3 June 1987; but if that Convention is further amended after the passing of this Act, the references to the Ramsar Convention in this Part are to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision);

• “Ramsar site” means a site that has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;

• “SSSI” means a site of special scientific interest within the meaning of Part 2 of the Wildlife and Countryside Act 1981;

• “working day” means any day other than— Saturday or Sunday, Christmas Day or Good Friday, or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

Part 4 — Development corporations

Areas for development and remit

100

• (1) The New Towns Act 1981 is amended as set out in subsections (2) and (3).

• (2) In section 1 (designation of areas), for subsection (3) substitute—

(3) An order under this section— (a) may include in the area designated as the site of the proposed new town any existing town or other centre of population; (b) may, in relation to a proposed new town in England— (i) designate separate parcels of land as the area for the site of the proposed new town; (ii) designate an area of land which is adjacent to an existing town or other centre of population so that the area is developed as an urban extension rather than as a wholly new town; and references in this Act to a new town or proposed new town are to be construed accordingly.

• (3) In section 3 (establishment of development corporations for new towns), after subsection (1) insert—

(1A) A single development corporation may be established for the purposes of the development of more than one new town in England if the Secretary of State considers that having a single development corporation would facilitate efficient development.

• (4) The Local Government, Planning and Land Act 1980 is amended as set out in subsections (5) and (6).

• (5) In section 134 (urban development areas), after subsection (1B) (as inserted by section 171(2) of the Levelling-up and Regeneration Act 2023) insert—

(1C) An area of land designated as an urban development area in England must include, but need not wholly consist of, an area in an existing town or centre of population.

• (6) In section 171 (interpretation of Part 16)—

• (a) the existing text becomes subsection (1);

• (b) after that subsection insert—

(2) In this Part as it applies in relation to England, references to the regeneration of an area are to be read as references to the regeneration or development of the area.

• (7) In section 201 of the Localism Act 2011 (objects and powers of Mayoral development corporations), in subsection (1) after “regeneration” insert “or development”.

Relationship between different types of development corporation

101

• (1) The New Towns Act 1981 is amended as set out in subsections (2) to (5).

• (2) In section 1 (designation of areas), after subsection (3) insert—

(3ZA) An order under this section may designate an area of land that includes any area (the “overlap area”) that is, or forms part of, an area that has already been designated (the “previously designated area”) under— (a) section 1ZB(2) (designation of locally-led new town in England), (b) section 134(1B) of the Local Government, Planning and Land Act 1980 (designation of locally-led urban development area), or (c) section 197 of the Localism Act 2011 (designation of Mayoral development area). (3ZB) On the coming into force of an order that makes provision as mentioned in subsection (3ZA), the overlap area no longer forms part of the previously designated area. (3ZC) Where the Secretary of State makes an order that contains provision as mentioned in subsection (3ZA), the Secretary of State may also make regulations— (a) amending any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal; (b) providing for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the new town; (c) where the overlap area completely covers the previously designated area, providing for the dissolution of the development corporation for the previously designated area; (d) making consequential, incidental, supplementary, transitional or saving provision. (3ZD) The Secretary of State may, in connection with regulations under subsection (3ZC), make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the new town (see also section 9B (transfer schemes: general provisions)).

• (3) In section 1ZA (local authority proposal for designation of locally-led new town in England, as inserted by section 172(2) of the Levelling-up and Regeneration Act 2023), after subsection (1) insert—

(1A) A proposal area must not include any area of land that is, or forms part of, an area that is designated under— (a) section 1 (designation of new town area by Secretary of State), (b) section 134(1) of the Local Government, Planning and Land Act 1980 (designation of urban development area by Secretary of State), or (c) section 197 of the Localism Act 2011 (designation of Mayoral development area). (See also section 1(3ZB) and (3ZC), section 197(2B) and (2C) of the Localism Act 2011 and section 134(1E) and (1F) of the Local Government, Planning and Land Act 1980.)

• (4) In section 1ZB (designation of locally-led new town in England, as inserted by section 172(2) of the Levelling-up and Regeneration Act 2023), in subsection (2)—

• (a) for “may” substitute “must”;

• (b) omit from “if” to the end.

• (5) In section 77 (regulations and orders)—

• (a) in subsection (2A), after “section” insert “1(3ZC) or”;

• (b) in subsection (3C), after “order” insert “or regulations”.

• (6) The Localism Act 2011 is amended as set out in subsections (7) to (9).

• (7) In section 197 (designation of Mayoral development areas)—

• (a) in subsection (1), for “any” substitute “an”;

• (b) after subsection (2) insert—

(2A) An area of land designated under subsection (1)— (a) may include any area (the “overlap area”) that is, or forms part of, an area of land that has already been designated (the “previously designated area”) under— (i) section 1ZB(2) of the New Towns Act 1981 (designation of locally-led new town in England), or (ii) section 134(1B) of the Local Government, Planning and Land Act 1980 (designation of locally-led urban development area); (b) may not include any area that is, or forms part of, an area that is designated under— (i) section 1 of the New Towns Act 1981 (designation of new town area by Secretary of State), or (ii) section 134(1) of the Local Government, Planning and Land Act 1980 (designation of urban development area by Secretary of State). (See also section 1(3ZB) and (3ZC) of the New Towns Act 1981 and section 134(1E) and (1F) of the Local Government, Planning and Land Act 1980.) (2B) Where the Mayor designates an area as mentioned in subsection (2A)(a), the Secretary of State must make regulations providing that the overlap area no longer forms part of the previously designated area. (2C) The regulations may also— (a) amend any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal; (b) provide for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the Mayoral development area; (c) where the overlap area completely covers the previously designated area, provide for the dissolution of the development corporation for the previously designated area. (2D) The Secretary of State may, in connection with regulations under this section, make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the Mayoral development area (see also section 218 (transfer schemes: general provisions)).

• (8) In section 218 (transfer schemes: general provisions), in the definition of “transfer scheme” in subsection (1), after “section” insert “197(2D),”.

• (9) In section 235 (orders and regulations)—

• (a) in subsection (7), after paragraph (j) insert—

(ja) regulations under section 197;

• (b) in subsection (14), after “52” insert “or regulations under section 197”.

• (10) The Local Government, Planning and Land Act 1980 is amended as set out in subsections (11) to (13).

• (11) In section 134 (urban development areas)—

• (a) in subsection (1B) (as inserted by section 171(2) of the Levelling-up and Regeneration Act 2023)—

• (i) in the words before paragraph (a), for “may” substitute “must”;

• (ii) omit paragraph (b) (and the “and” immediately before it);

• (b) after subsection (1C) (inserted by section 100) insert—

(1D) An order under subsection (1) may designate any area of land that includes an area (the “overlap area”) that is, or forms part of, an area that has already been designated (the “previously designated area”) under— (a) subsection (1B) (designation of locally-led urban development area), (b) section 1ZB(2) of the New Towns Act 1981 (designation of locally-led new town in England), or (c) section 197 of the Localism Act 2011 (designation of Mayoral development area). (1E) On the coming into force of an order that makes provision as mentioned in subsection (1D), the overlap area no longer forms part of the previously designated area. (1F) Where the Secretary of State makes an order that contains provision as mentioned in subsection (1D), the Secretary of State may also by regulations made by statutory instrument— (a) amend any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal; (b) provide for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the urban development area; (c) where the overlap area completely covers the previously designated area, provide for the dissolution of the development corporation for the previously designated area; (d) make consequential, incidental, supplementary, transitional or saving provision. (1G) The Secretary of State may, in connection with regulations under subsection (1F), make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the urban development area (see also section 140B (transfer schemes: general provisions)).

• (c) in subsection (4), after “(1B)” insert “or regulations made by the Secretary of State under subsection (1F)”;

• (d) in subsection (4A), after “(1B)” insert “or regulations made by the Secretary of State under subsection (1F)”.

• (12) In section 134A (local authority proposal for designation of locally-led urban development area in England, as inserted by section 171(3) of the Levelling-up and Regeneration Act 2023), after subsection (1) insert—

(1A) A proposal area must not include any area of land that is, or forms part of, an area that is designated under— (a) section 134(1) (designation of urban development area by Secretary of State), (b) section 1 of the New Towns Act 1981 (designation of new town area by Secretary of State), or (c) section 197 of the Localism Act 2011 (designation of Mayoral development area). (See also section 134(1E) and (1F), section 1(3ZB) and (3ZC) of the New Towns Act 1981 and section 197(2B) and (2C) of the Localism Act 2011.)

• (13) In section 171 (interpretation), in the definition of “urban development area”, after “it” insert “by virtue of subsection (1E) of that section or”.

Duties to have regard to sustainable development and climate change

102

• (1) In section 4 of the New Towns Act 1981 (objects and general powers of development corporations), in subsection (1A), for “the achievement of sustainable development” substitute

— (a) the achievement of sustainable development, and (b) the mitigation of, and adaptation to, climate change.

• (2) In section 136 of the Local Government, Planning and Land Act 1980 (objects and general powers of urban development corporations), after subsection (1) insert—

(1A) In pursuing that object, an urban development corporation that is established for the purposes of regenerating or developing an urban development area in England must aim to contribute to— (a) the achievement of sustainable development, and (b) the mitigation of, and adaptation to, climate change. (1B) For the purposes of subsection (1A) an urban development corporation must (in particular) have regard to the desirability of good design.

• (3) In section 201 of the Localism Act 2011 (objects and powers of Mayoral development corporations), after subsection (1) insert—

(1A) In pursuing that object, an MDC must aim to contribute to— (a) the achievement of sustainable development, and (b) the mitigation of, and adaptation to, climate change. (1B) For the purposes of subsection (1A), an MDC must (in particular) have regard to the desirability of good design.

Powers in relation to infrastructure

103

• (1) The New Towns Act 1981 is amended as set out in subsections (2) to (5).

• (2) In section 4 (objects and general powers of development corporations)—

• (a) after subsection (1B) insert—

(1C) To secure such laying out and development every development corporation established for the purposes of a new town in England has the power (subject to section 5)— (a) to acquire, hold, manage and dispose of land and other property, (b) to carry out building and other operations, (c) to carry on any business or undertaking in or for the purposes of the new town, and generally to do anything necessary or expedient for the purposes or incidental purposes of the new town. (See also section 4A (powers in relation to infrastructure).)

• (b) in subsection (2), in the words before paragraph (a), after “corporation” insert “established for the purposes of a new town in Wales”;

• (c) in subsection (3)—

• (i) in the words before paragraph (a), for “subsection (2)” substitute “subsections (1C) and (2)”;

• (ii) in paragraph (a), for “that subsection” substitute “those subsections”;

• (iii) in paragraph (b), for “that subsection” substitute “those subsections”;

• (d) in subsection (5)(b), after “subsection” insert “(1C) or”.

• (3) After section 4 insert—

(4A) (1) A development corporation established for the purposes of a new town in England may, to secure the laying out and development referred to in section 4(1), provide or facilitate the provision of infrastructure. (2) In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way). (3) In this section “infrastructure” means— (a) water, electricity, gas, telecommunications, sewerage or other services, including heat networks, (b) roads or other transport facilities, (c) retail or other business facilities, (d) health, educational, employment or training facilities, (e) social, religious or recreational facilities, (f) cremation or burial facilities, and (g) community facilities not falling within paragraphs (a) to (f). (4) Section 4(5) applies in relation to subsection (1) as it applies in relation to section 4(2).

• (4) In section 5 (restriction on powers of development corporations), in subsection (5)—

• (a) in paragraph (a), after “services” insert “or heat networks”;

• (b) in paragraph (b), at the beginning insert “in the case of a development corporation established for the purposes of a new town in Wales,”;

• (c) in the words after paragraph (b), after “undertaking” insert “in Wales”.

• (5) In section 80(1) (defined terms), at the appropriate place insert—

• “heat networks” has the meaning given by section 216 of the Energy Act 2023;

• (6) The Local Government, Planning and Land Act 1980 is amended as set out in subsections (7) to (9).

• (7) In section 136 (objects and general powers)—

• (a) after subsection (2) insert—

(2A) Subject to sections 137 and 138, for the purpose of achieving the object an urban development corporation established for the purposes of an urban development area in England may— (a) acquire, hold, manage, reclaim and dispose of land and other property; (b) carry out building and other operations; (c) carry on any business or undertaking for the purposes of the object; and (d) generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes. (See also section 136A (powers in relation to infrastructure).) (2B) But nothing in this Part authorises an urban development corporation established for the purposes of an urban development area in England to carry on any business or undertaking for— (a) the supply of water, electricity or gas, or (b) the provision of sewerage services or heat networks.

• (b) in subsection (3), in the words before paragraph (a), after “corporation” insert “established for the purposes of an urban development area in Wales”;

• (c) in subsection (4), for after “subsection” insert “(2A) or”;

• (d) in subsection (7), for “subsection (3)” substitute “subsection (2A) or (3)”.

• (8) After section 136 insert—

(136A) (1) An urban development corporation established for the purposes of an urban development area in England may, for the purpose of achieving the object in section 136(1), provide or facilitate the provision of infrastructure. (2) In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way). (3) In this section “infrastructure” means— (a) water, electricity, gas, telecommunications, sewerage or other services, including heat networks, (b) roads or other transport facilities, (c) retail or other business facilities, (d) health, educational, employment or training facilities, (e) social, religious or recreational facilities, (f) cremation or burial facilities, and (g) community facilities not falling within paragraphs (a) to (f). (4) Section 136(7) applies in relation to subsection (1) as it applies in relation to section 136(3).

• (9) In section 171 (interpretation), at the appropriate place insert—

• “heat networks” has the meaning given by section 216 of the Energy Act 2023;

• (10) The Localism Act 2011 is amended as follows.

• (11) In section 205(4) (powers of Mayoral development corporations in relation to infrastructure), at the end of paragraph (a) insert “including heat networks within the meaning of section 216 of the Energy Act 2023,”.

• (12) In section 212 (power of Mayoral development corporations to carry on businesses or undertakings)—

• (a) after subsection (1) insert—

(1A) This section does not authorise an MDC to carry on a business for— (a) the supply of water, electricity or gas, or (b) the provision of sewerage services or heat networks.

• (b) after subsection (6) insert—

(7) In this section “heat networks” has the meaning given by section 216 of the Energy Act 2023.

Exercise of transport functions and transfer schemes

104

• (1) In the New Towns Act 1981, after section 9 insert—

(9A) (1) A relevant transport authority must— (a) have regard to any plans published or shared with the authority by an English new town development corporation that may be relevant to the exercise of the authority’s functions, and (b) co-operate with an English new town development corporation in the development and implementation of the corporation’s plans. (2) If the Secretary of State considers that a relevant transport authority has failed to comply with the duty in subsection (1), the Secretary of State may direct the authority to exercise its functions in such a way as to comply with that duty. (3) If a relevant transport authority fails to comply with a direction under subsection (2), the Secretary of State may by regulations provide for any function of the transport authority that has an effect on the area of the new town for which the development corporation was established to be exercisable by the development corporation. (4) Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation either generally or subject to such conditions or limitations as may be specified in the regulations. (5) Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation— (a) instead of by the relevant transport authority, (b) concurrently with the relevant transport authority, or (c) jointly with the relevant transport authority. (6) Regulations under subsection (3) may— (a) make different provision for different purposes; (b) include consequential, supplementary, incidental, transitional or saving provision. (7) The Secretary of State may, in connection with regulations under subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 9B (transfer schemes: general provisions)). (8) In this section— - “English new town development corporation” means a new town development corporation established for the purposes of a new town in England; - “relevant transport authority” means any of the following for an area in England— a local transport authority within the meaning of Part 2 of the Transport Act 2000 (see section 108(4) of that Act), a local highway authority within the meaning of the Highways Act 1980 (see section 329 of that Act), or a local traffic authority within the meaning of the Road Traffic Regulation Act 1984 (see section 121A(5) of that Act). (9B) (1) In this section “transfer scheme” means a scheme under section 1(3ZD) or 9A(7). (2) The things that may be transferred under a transfer scheme include— (a) property, rights and liabilities that could not otherwise be transferred, and (b) property acquired, and rights and liabilities arising, after the making of the scheme. (3) A transfer scheme may— (a) create rights, or impose liabilities, in relation to property or rights transferred; (b) make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred; (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred; (d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the new regulator; (e) make provision for the shared ownership or use of property; (f) make provision which is the same as or similar to the TUPE regulations; (g) make other consequential, supplementary, incidental or transitional provision. (4) A transfer scheme may provide— (a) for modifications by agreement; (b) for modifications to have effect from the date when the original scheme came into effect. (5) In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246). (6) For the purposes of this section— (a) references to rights and liabilities include rights and liabilities relating to a contract of employment; (b) references to the transfer of property include the grant of a lease.

• (2) In the Local Government, Planning and Land Act 1980, after section 140 insert—

(140A) (1) A relevant transport authority must— (a) have regard to any plans published or shared with the authority by an English urban development corporation that may be relevant to the exercise of the authority’s functions, and (b) co-operate with an English urban development corporation in the development and implementation of the corporation’s plans. (2) If the Secretary of State considers that a relevant transport authority has failed to comply with the duty in subsection (1), the Secretary of State may direct the authority to exercise its functions in such a way as to comply with that duty. (3) If a relevant transport authority fails to comply with a direction under subsection (2), the Secretary of State may by regulations provide for any function of the transport authority that has an effect on the urban development area for which the urban development corporation was established to be exercisable by the development corporation. (4) Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation either generally or subject to such conditions or limitations as may be specified in the regulations. (5) Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation— (a) instead of by the relevant transport authority, (b) concurrently with the relevant transport authority, or (c) jointly with the relevant transport authority. (6) Regulations under subsection (3)— (a) are to be made by statutory instrument; (b) may make different provision for different purposes; (c) may include consequential, supplementary, incidental, transitional or saving provision. (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (8) The Secretary of State may, in connection with regulations under subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 140B (transfer schemes: general provisions)). (9) In this section— - “English urban development corporation” means an urban development corporation established for the purposes of an urban development area in England; - “relevant transport authority” means any of the following for an area in England— a local transport authority within the meaning of Part 2 of the Transport Act 2000 (see section 108(4) of that Act), a local highway authority within the meaning of the Highways Act 1980 (see section 329 of that Act), or a local traffic authority within the meaning of the Road Traffic Regulation Act 1984 (see section 121A(5) of that Act). (140B) (1) In this section “transfer scheme” means a scheme under section 134(1G) or 140A(8). (2) The things that may be transferred under a transfer scheme include— (a) property, rights and liabilities that could not otherwise be transferred, and (b) property acquired, and rights and liabilities arising, after the making of the scheme. (3) A transfer scheme may— (a) create rights, or impose liabilities, in relation to property or rights transferred; (b) make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred; (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred; (d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the new regulator; (e) make provision for the shared ownership or use of property; (f) make provision which is the same as or similar to the TUPE regulations; (g) make other consequential, supplementary, incidental or transitional provision. (4) A transfer scheme may provide— (a) for modifications by agreement; (b) for modifications to have effect from the date when the original scheme came into effect. (5) In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246). (6) For the purposes of this section— (a) references to rights and liabilities include rights and liabilities relating to a contract of employment; (b) references to the transfer of property include the grant of a lease.

Part 5 — Compulsory purchase

Electronic service etc

105

• (1) In section 6 of the Acquisition of Land Act 1981 (service of documents), at the end insert—

(5) Any notice or other document required or authorised to be served on a person under this Act may be served by sending it to an email address or uploading it to a website at which the person has agreed in writing to receive notices or documents for the purposes of the compulsory purchase order to which the notice or document relates. (6) Any notice or other document required or authorised to be served under this Act on— (a) an acquiring authority, (b) a confirming authority, (c) an inspector, (d) a local authority, or (e) a statutory undertaker, may also be served electronically by a method mentioned in subsection (7). (7) The methods of electronic service are— (a) sending the notice or document to an appropriate email address, or (b) uploading the notice or document to an appropriate website. (8) For the purposes of subsection (7)— (a) an email address or website is an appropriate one for the service of notices or documents if the person being served has— (i) provided the email address or details of the website to the sender for the purposes of communicating with them about land subject to the compulsory purchase order or about the order itself, or (ii) published the fact that the email address or the website may be used for those purposes; (b) an email address is also an appropriate one for the service of notices or documents if the person being served has previously used it for the purposes of communicating with the sender about land subject to the compulsory purchase order or about the order itself. (9) A notice or other document sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent. (10) In this section— - “inspector” means a person appointed under section 14D; - “local authority” means a local authority within the meaning of section 7(1) or section 17(4); - “statutory undertaker” includes the persons mentioned in section 16(3) and in the definition of statutory undertaker in section 17(4); - “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales. (11) This section does not apply to a communication required or authorised to be sent under this Act to the High Court.

• (2) In section 38 of the Land Compensation Act 1961 (service of notices), at the end insert—

(3) Any communication required or authorised to be sent to a person under this Act may be sent to an email address or uploaded to a website at which the person has agreed in writing to receive communications for the purposes of the claim for compensation. (4) Any communication required or authorised under this Act to be sent to— (a) an acquiring authority, (b) a confirming authority, or (c) a local planning authority, may also be sent electronically by a method mentioned in subsection (5). (5) The methods are— (a) sending the communication to an appropriate email address, or (b) uploading the communication to an appropriate website. (6) For the purposes of subsection (5)— (a) an email address or website is an appropriate one if the person to whom the communication is to be sent has— (i) provided the email address or details of the website to the sender for the purposes of communicating with them about the claim for compensation, or (ii) published the fact that the email address or the website may be used for those purposes; (b) an email address is also an appropriate one if the person to whom the communication is to be sent has previously used it for the purposes of communicating with the sender about the claim for compensation. (7) A communication sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent. (8) In this section— - “confirming authority” has the same meaning as in Schedule 2A (see paragraph 9 of that Schedule); - “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales. (9) This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.

• (3) In Part 6 of the Land Compensation Act 1973 (supplementary provisions), after section 84 insert—

(84A) (1) Any communication required or authorised to be sent to a person under this Act may be sent to an email address or uploaded to a website at which the person has agreed in writing to receive communications for the purposes of the claim for compensation. (2) Any communication required or authorised under this Act to be sent to— (a) an acquiring authority, or (b) a responsible authority within the meaning of section 1, may also be sent electronically by a method mentioned in subsection (3). (3) The methods are— (a) sending the communication to an appropriate email address, or (b) uploading the communication to an appropriate website. (4) For the purposes of subsection (3)— (a) an email address or website is an appropriate one if the authority has— (i) provided the email address or details of the website to the sender for the purposes of communicating with them about the claim for compensation, or (ii) published the fact that the email address or the website may be used for those purposes; (b) an email address is also an appropriate one if the authority has previously used it for the purposes of communicating with the sender about the claim for compensation. (5) A communication sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent. (6) In this section “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales. (7) This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.

• (4) The amendments made by subsection (1) do not apply in relation to a compulsory purchase order made under the Acquisition of Land Act 1981 in a case where the first notice under—

• (a) section 11(1) of that Act (purchases by local and other authorities: public notice), or

• (b) paragraph 2(1) of Schedule 1 to that Act (purchases by Ministers: public notices),

was published before this section came into force.

• (5) The amendments made by subsection (1) do not apply in relation to a purchase under the Compulsory Purchase Act 1965 in a case where the notice to treat under section 5(1) of that Act relating to the purchase was given before this section came into force (for the application of section 6 of the Acquisition of Land Act 1981 to the service of notices under the Compulsory Purchase Act 1965, see section 30 of that Act).

Required content of newspaper notices

106

• (1) Part 2 of the Acquisition of Land Act 1981 (purchases by local and other authorities) is amended as set out in subsections (2) and (3).

• (2) In section 11 (obligation on acquiring authority to publish notice of compulsory purchase order), after subsection (2) insert—

(2ZA) In the case of a notice under subsection (1)(a), the requirement in subsection (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).

• (3) In section 15 (notices after confirmation of order)—

• (a) after subsection (4) insert—

(4ZA) In the case of a notice under subsection (3)(a), the requirement in subsection (4)(a) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).

• (b) at the end of subsection (4F)(b), insert “except that, in the case of a fulfilment notice under subsection (4C)(b)(i), the requirement to annex a description of the land (see subsection (4)(a)) may be met by briefly identifying the land (by giving its postal address or otherwise).”

• (4) Schedule 1 to that Act (purchases by Ministers) is amended as set out in subsections (5) and (6).

• (5) In paragraph 2 (obligation on Minister to publish notice of compulsory purchase order), after sub-paragraph (2) insert—

(2ZA) In the case of a notice under sub-paragraph (1)(a), the requirement in sub-paragraph (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).

• (6) In paragraph 6 (notices after confirmation order)—

• (a) after sub-paragraph (4) insert—

(4ZA) In the case of a notice under sub-paragraph (3)(a), the requirement in sub-paragraph (4)(a) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).

• (b) at the end of sub-paragraph (4D)(b), insert “except that, in the case of a fulfilment notice under sub-paragraph (4C)(b)(i), the requirement to annex a description of the land (see sub-paragraph (4)(a)) may be met by briefly identifying the land (by giving its postal address or otherwise).”

Confirmation by acquiring authority: orders with modifications

107

• (1) Section 14A of the Acquisition of Land Act 1981 (confirmation by acquiring authority) is amended as follows.

• (2) In subsection (3)(c), for “without modification” substitute

— (i) without modification, or (ii) with only such modifications as are specified by the confirming authority in the notice.

• (3) After subsection (4) insert—

(4A) A confirming authority may specify a modification only if— (a) it modifies the order so as to add an additional interest in land, and the confirming authority is satisfied that the interest holder consents to the proposed modification, (b) it modifies the order so as to remove an interest in any land to which the order applies, (c) it modifies the order so as to remove part of an interest in any land to which the order applies, and the confirming authority is satisfied that the interest holder consents to the proposed modification, or (d) it modifies the order in such a way that no interests in land are affected.

• (4) In subsection (5)—

• (a) in paragraph (a), for “or” substitute “other than those specified in the notice,”;

• (b) at the end insert

, or (c) in a case where the notice specifies modifications, to confirm the order without those modifications.

• (5) After subsection (6) insert—

(6A) In a case where the acquiring authority has determined to confirm an order with modifications, it must, at the same time as notifying the confirming authority under subsection (6)— (a) provide the confirming authority with a copy of the order as modified, and (b) certify that the only modifications are those specified by the confirming authority.

General vesting declarations: expedited procedure

108

• (1) The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows.

• (2) In section 2(1) (interpretation and construction), after the definition of “acquiring authority” insert—

• “expedited procedure” means the procedure (available in respect of unoccupied land etc or where there is no identifiable interest holder) whereby a general vesting declaration may vest the land in the acquiring authority less than three months from the date on which the service of notices required by section 6 is completed (see section 4(1ZA)(a) and sections 4A and 4B),

• (3) In section 4 (execution of declaration)—

• (a) in subsection (1) omit from “(not” to the end;

• (b) after subsection (1) insert—

(1ZA) That period must be— (a) where the expedited procedure is available (see section 4A), not less than six weeks from the date on which the service of notices required by section 6 is completed; (b) otherwise not less than three months from that date.

• (4) After section 4 insert—

(4A) (1) The expedited procedure is available in relation to a general vesting declaration if— (a) the specified land is unoccupied, (b) the acquiring authority considers that, by reason of disrepair, neglect, contamination, or risk to health or safety, the specified land is unfit for its ordinary use, and (c) Schedule A1 does not apply to the declaration. (2) The expedited procedure is also available in relation to a general vesting declaration if the acquiring authority has been unable to identify any person with an interest in the specified land. (3) Land is not to be regarded as occupied for the purposes of subsection (1)(a)— (a) if it is occupied only by persons who do not have a right to occupy it; (b) because of the presence of chattels on the land if the chattels appear to the acquiring authority to be of no significant value. (4) The ordinary use of land is to be taken for the purposes of subsection (1)(b) to be— (a) so far as the land comprises buildings or other features designed or adapted for a particular use, that use, and (b) so far as the land does not comprise such buildings or features, its most recent lawful use. (5) If the specified land includes one or more dwellings, the acquiring authority may decide that it is unfit for its ordinary use only if it considers that the dwelling, or each of those dwellings, is unfit for human habitation within the meaning of the Landlord and Tenant Act 1985 (see section 10 of that Act). (6) In this section— - “dwelling” means a building or part of a building designed or adapted for occupation as a separate dwelling; - “the specified land” means the land specified in the general vesting declaration. (4B) (1) This section applies where the acquiring authority has executed a general vesting declaration under the expedited procedure. (2) A person may, at any time before the end of the period of four weeks beginning with the date on which the general vesting declaration is executed, make representations to the acquiring authority that the expedited procedure is not available in relation to the declaration. (3) The representations need not be in writing. (4) The acquiring authority must provide a written response to the representations before the end of the period of seven days beginning with the day on which it received them. (5) If, at any time between the execution of the general vesting declaration and the vesting date, the acquiring authority becomes aware of a reason why the expedited procedure is not available (whether as a result of representations or otherwise), the authority must amend the general vesting declaration so that the period specified in it complies with section 4(1ZA)(b) (period of at least three months from service of notices). (6) If the acquiring authority amends the general vesting declaration under subsection (5), it must serve notice of the amendment on— (a) every person who has made representations under subsection (2), and (b) every person who was served a notice about the declaration under section 6.

• (5) In section 6 (notices after execution of declaration), after subsection (1) insert—

(1A) In a case where the period specified in the declaration under section 4(1) is less than three months, the notice must also state— (a) that the acquiring authority considers that the expedited procedure is available under section 4A(1) or (2) (as the case may be); (b) the vesting date; (c) that any person who disagrees that the expedited procedure is available may make representations to the acquiring authority under section 4B(2); (d) that if, before the vesting date, the acquiring authority no longer considers that the expedited procedure is available, the authority will amend the general vesting declaration so that the period specified in it complies with section 4(1ZA)(b) (period of at least three months from service of notices).

General vesting declarations: advancement of vesting by agreement

109

• (1) The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as set out in subsections (2) to (6).

• (2) After section 8A insert—

(8B) (1) The acquiring authority may agree in writing with the owner of any interest which is to vest in the authority under section 8 that the interest is to vest on a date before the vesting date. (2) The agreed date may not be before the day after the last day on which a person may bring proceedings for questioning the compulsory purchase order. (3) If an agreement under subsection (1) is in force— (a) section 7 (other than section 7(1)(c)) and section 8 operate in relation to the interest as if the vesting date were the agreed date; (b) an owner of an interest who is a party to the agreement may not serve a counter-notice under paragraph 2 of Schedule A1 (counter-notice requiring purchase of additional land). (4) But if the interest subject to the agreement does not entitle the owner to possession of the land concerned, subsection (3)(a) does not advance the date on which the right to enter on and take possession of the land arises under section 8.

• (3) In section 7(1) (constructive notice to treat), in the words before paragraph (a) for “section 8A” substitute “sections 8A and 8B”.

• (4) In section 8(1) (vesting, and right to enter and take possession), in the words before paragraph (a) after “8A” insert “, 8B”.

• (5) In section 10 (acquiring authority’s liability on vesting of the land), for subsection (1A) substitute—

(1A) Where by virtue of an agreement under section 8A or 8B different interests in the land vest in the acquiring authority on different dates, subsection (1) does not give rise to any liability in relation to an interest until that interest becomes vested.

• (6) In Schedule A1 (counter-notice requiring purchase of additional land), in paragraph 2, at the end insert “(but this is subject to section 8B(3)(b)).”

• (7) In section 5A of the Land Compensation Act 1961 (relevant valuation date), in subsection (4A), in the words before paragraph (a)—

• (a) after “8A” insert “or 8B”;

• (b) after “postponement” insert “or advancement”.

Adjustment of basic and occupier’s loss payments

110

• (1) Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons displaced from land) is amended as set out in subsections (2) to (4).

• (2) In section 33A (basic loss payment)—

• (a) after subsection (1) insert—

(1A) In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to payment of whichever is the lower of the following amounts— (a) 2.5% of the value of the interest; (b) £25,000.

• (b) in subsection (2), at the beginning insert “In a case where the qualifying interest is in land in Wales,”.

• (3) In section 33B (occupier’s loss payment: agricultural land)—

• (a) after subsection (1) insert—

(1A) In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts— (a) 7.5% of the value of the interest; (b) the land amount; (c) the buildings amount. (1B) But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.

• (b) in subsection (2), at the beginning insert “In a case where the qualifying interest is in land in Wales,”;

• (c) in subsection (3), for “this section” substitute “subsection (2)”;

• (d) after subsection (7), insert—

(7A) In the case of land in England, the land amount is the greater of £900 and the amount found in accordance with the following Table—

Area of the land	Amount per hectare
Not exceeding 100 hectares	£300 per hectare or part of a hectare
Exceeding 100 hectares	£300 per hectare for the first 100 hectares; £150 per hectare for the next 300 hectares or part of a hectare.

• (e) in subsection (8), at the beginning insert “In the case of land in Wales,”;

• (f) after subsection (8), insert—

(8A) In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.

• (g) in subsection (9), at the beginning insert “In the case of land in Wales”.

• (4) In section 33C (occupier’s loss payment: other land)—

• (a) after subsection (1) insert—

(1A) In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts— (a) 7.5% of the value of the interest; (b) the land amount; (c) the buildings amount. (1B) But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.

• (b) in subsection (2), at the beginning insert “In a case where the qualifying interest is in land in Wales,”;

• (c) in subsection (3), for “this section” substitute “subsection (2)”;

• (d) after subsection (7), insert—

(7A) In the case of land in England, the land amount is the greater of— (a) £7,500; (b) £7.50 per square metre (or part of a square metre) of the area of the land. (7B) But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (7A)(a) there is substituted £900.

• (e) in subsection (8), at the beginning insert “In the case of land in Wales,”;

• (f) after subsection (9), insert—

(9A) In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross internal floor space of any buildings on the land.

• (g) in subsection (10)—

• (i) at the beginning insert “In the case of land in Wales,”;

• (ii) after “gross” insert “internal”;

• (h) omit subsection (11).

• (5) The amendments made by subsections (2) to (4) do not apply in relation to a compulsory acquisition where any notice of the compulsory acquisition was given before this section came into force.

• (6) For the purposes of subsection (5), notice of a compulsory acquisition is given—

• (a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—

• (i) on the date of publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, that Act, in accordance with that Act, or

• (ii) on the date of service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;

• (b) in the case of a compulsory acquisition which is to be authorised by any other order, on the date of publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;

• (c) in the case of a compulsory acquisition which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, on the date on which that notice is served;

• (d) in the case of a compulsory acquisition which is to be authorised by a special enactment, on the date of publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.

• (7) In this section, “special enactment” means—

• (a) a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

• (b) a provision which—

• (i) is contained in an Act other than a local or private Act, and

• (ii) authorises the compulsory acquisition of land specifically identified in that Act.

Home loss payments: exclusions

111

• (1) Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons displaced from land) is amended as set out in subsections (2) to (5).

• (2) In section 29(1) (right to home loss payment where person displaced from dwelling), in the words after paragraph (f), for “section 32” substitute “sections 32 and 32A”.

• (3) After section 32 insert—

(32A) (1) This section applies to a person if— (a) the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition), (b) a notice falling within subsection (4) has been served on the person in relation to the land, (c) at the relevant time the notice has effect or is operative, and (d) the person has failed to comply with any requirement of the notice. (2) This section also applies to a person if— (a) the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition), (b) a copy of an order falling within subsection (5) has been served on the person in relation to the land, and (c) the order has not been quashed on appeal. (3) No payment may be made under section 29 to a person to whom this section applies. (4) These are the notices— (a) a notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land); (b) a notice under section 11 of the Housing Act 2004 (improvement notice relating to category 1 hazard); (c) a notice under section 12 of that Act (improvement notice relating to category 2 hazard); (d) a notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 138 of the Historic Environment (Wales) Act 2023 (asc 3) (repairs notice prior to notice of compulsory acquisition of listed building). (5) These are the orders— (a) an order under section 20 of the Housing Act 2004 (prohibition order relating to category 1 hazard); (b) an order under section 21 of that Act (prohibition order relating to category 2 hazard); (c) an order under section 43 of that Act (emergency prohibition orders); (d) an order under section 265 of the Housing Act 1985 (demolition order relating to category 1 or 2 hazard). (6) For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs— (a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies— (i) the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981; (ii) the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act; (iii) a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met); (iv) a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met); (b) in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made; (c) in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served; (d) in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed. (7) In subsection (6), references to a compulsory acquisition are to the compulsory acquisition in consequence of which the person is displaced. (8) The appropriate national authority may by regulations amend subsections (4) and (5). (9) In this section— - “appropriate national authority” means— the Secretary of State, in relation to England; the Welsh Ministers, in relation to Wales; - “special enactment” means— a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or a provision which— is contained in an Act other than a local or private Act, and authorises the compulsory acquisition of land specifically identified in that Act. (10) The power to make regulations under subsection (8) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of— (a) either House of Parliament, in the case of regulations made by the Secretary of State; (b) Senedd Cymru, in the case of regulations made by the Welsh Ministers.

• (4) In section 33 (home loss payments for certain caravan dwellers)—

• (a) in subsection (1), for “32” substitute “32A”;

• (b) in subsection (6), for “32” substitute “32A”.

• (5) In section 33D (loss payments: exclusions), for subsection (6) substitute—