Office of Public Sector Information
PART IX continued
(1) A joint planning board or a board reconstituted under Schedule 17 to the [1972 c. 70.] Local Government Act 1972 shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 226 applies have under that section.
(2) Such a board shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 227 have under that subsection.
(3) Sections 226(1) and (7), 227, 229, 230, 232, 233 and 235 to 242 apply with the necessary modifications as if any such board were a local authority to which those sections applied.
(4) On being authorised to do so by the Secretary of State such a board shall have, for any purpose for which by virtue of this section they may acquire land compulsorily, the power which section 13 of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 confers on the local authorities to whom subsection (1) of that section applies to purchase compulsorily rights over land not in existence when their compulsory purchase is authorised, and subsections (2) to (5) of that section shall accordingly apply to the purchase of rights under this subsection as they apply to the purchase of rights under subsection (1) of that section.
(1) Where—
(a) it is proposed that land should be acquired compulsorily under section 226 or 228, and
(b) a compulsory purchase order relating to that land is submitted to the confirming authority in accordance with Part II of the [1981 c. 67.] Acquisition of Land Act 1981 or, as the case may be, is made in draft by the Secretary of State for the Environment in accordance with Schedule 1 to that Act,
the confirming authority or, as the case may be, that Secretary of State may disregard for the purposes of that Part or, as the case may be, that Schedule any objection to the order or draft which, in the opinion of that authority or Secretary of State, amounts in substance to an objection to the provisions of the development plan defining the proposed use of that or any other land.
(2) Where a compulsory purchase order authorising the acquisition of any land under section 226 is submitted to the Secretary of State in accordance with Part II of the Acquisition of Land Act 1981, then if the Secretary of State—
(a) is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised in it; but
(b) has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land,
he may confirm the order so far as it relates to the land mentioned in paragraph (a) and give directions postponing consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified.
(3) Where the Secretary of State gives directions under subsection (2), the notices required by section 15 of the Acquisition of Land Act 1981 to be published and served shall include a statement of the effect of the directions.
(4) In construing the [1965 c. 56.] Compulsory Purchase Act 1965 in relation to any of the provisions of this Part—
(a) references to the execution of the works shall be construed as including references to any erection, construction or carrying out of buildings or works authorised by section 237;
(b) in relation to the erection, construction or carrying out of any buildings or works so authorised, references in section 10 of that Act to the acquiring authority shall be construed as references to the person by whom the buildings or works in question are erected, constructed or carried out; and
(c) references to the execution of the works shall be construed as including also references to any erection, construction or carrying out of buildings or works on behalf of a Minister or statutory undertakers on land acquired by that Minister or those undertakers, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.
(1) In this Part—
(a) any reference to the acquisition of land for planning purposes is a reference to the acquisition of it under section 226 or 227 of this Act or section 52 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 (or, as the case may be, under section 112 or 119 of the 1971 Act or section 68 or 71 of the 1962 Act); and
(b) any reference to the appropriation of land for planning purposes is a reference to the appropriation of it for purposes for which land can be (or, as the case may be, could have been) acquired under those sections.
(2) Nothing in sections 237 to 241 shall be construed as authorising any act or omission on the part of a local authority or body corporate in contravention of any limitation imposed by law on their capacity by virtue of their constitution.
(3) Any power conferred by section 238, 239 or 241 to use land in a manner mentioned in those sections shall be construed as a power so to use the land, whether or not it involves the erection, construction or carrying out of any building or work or the maintenance of any building or work.
(1) The Secretary of State may by order authorise the stopping up or diversion of any highway if he is satisfied that it is necessary to do so in order to enable development to be carried out—
(a) in accordance with planning permission granted under Part III, or
(b) by a government department.
(2) Such an order may make such provision as appears to the Secretary of State to be necessary or expedient for the provision or improvement of any other highway.
(3) Such an order may direct—
(a) that any highway provided or improved by virtue of it shall for the purposes of the [1980 c. 66.] Highways Act 1980 be a highway maintainable at the public expense;
(b) that the Secretary of State, or any county council, metropolitan district council or London borough council specified in the order or, if it is so specified, the Common Council of the City of London, shall be the highway authority for that highway;
(c) in the case of a highway for which the Secretary of State is to be the highway authority, that the highway shall, on such date as may be specified in the order, become a trunk road within the meaning of the Highways Act 1980.
(4) An order made under this section may contain such incidental and consequential provisions as appear to the Secretary of State to be necessary or expedient, including in particular—
(a) provision for authorising the Secretary of State, or requiring any other authority or person specified in the order—
(i) to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is attributable to the doing of any such work; or
(ii) to repay, or to make contributions in respect of, any compensation paid by the highway authority in respect of restrictions imposed under section 1 or 2 of the [1935 c. 67.] Restriction of Ribbon Development Act 1935 in relation to any highway stopped up or diverted under the order;
(b) provision for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to which the order relates.
(5) An order may be made under this section authorising the stopping up or diversion of any highway which is temporarily stopped up or diverted under any other enactment.
(6) The provisions of this section shall have effect without prejudice to—
(a) any power conferred on the Secretary of State by any other enactment to authorise the stopping up or diversion of a highway;
(b) the provisions of Part VI of the [1981 c. 67.] Acquisition of Land Act 1981; or
(c) the provisions of section 251(1).
(1) This section applies where—
(a) planning permission is granted under Part III for constructing or improving, or the Secretary of State proposes to construct or improve, a highway (“the main highway”); and
(b) another highway crosses or enters the route of the main highway or is, or will be, otherwise affected by the construction or improvement of the main highway.
(2) Where this section applies, if it appears to the Secretary of State expedient to do so—
(a) in the interests of the safety of users of the main highway; or
(b) to facilitate the movement of traffic on the main highway,
he may by order authorise the stopping up or diversion of the other highway.
(3) Subsections (2) to (6) of section 247 shall apply to an order under this section as they apply to an order under that section, taking the reference in subsection (2) of that section to any other highway as a reference to any highway other than that which is stopped up or diverted under this section and the references in subsection (3) to a highway provided or improved by virtue of an order under that section as including a reference to the main highway.
(1) This section applies where—
(a) a local planning authority by resolution adopt a proposal for improving the amenity of part of their area, and
(b) the proposal involves the public ceasing to have any right of way with vehicles over a highway in that area, being a highway which is neither a trunk road nor a road classified as a principal road.
(2) The Secretary of State may, on an application by a local planning authority who have so resolved, by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.
(3) An order under subsection (2) may include such provision as the Secretary of State (after consultation with every authority who are a local planning authority for the area in question and the highway authority) thinks fit for permitting the use on the highway of vehicles (whether mechanically propelled or not) in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that subsection.
(4) Such provision as is mentioned in subsection (3) may be framed by reference to—
(a) particular descriptions of vehicles, or
(b) particular persons by whom, or on whose authority, vehicles may be used, or
(c) the circumstances in which, or the times at which, vehicles may be used for particular purposes.
(5) No provision contained in, or having effect under, any enactment, being a provision prohibiting or restricting the use of footpaths, footways or bridleways shall affect any use of a vehicle on a highway in relation to which an order under subsection (2) has effect, where the use is permitted in accordance with provisions of the order included by virtue of subsection (3).
(6) If any authority who are a local planning authority for the area in which a highway to which an order under subsection (2) relates is situated apply to the Secretary of State in that behalf, he may by order revoke that order, and, if he does so, any right to use vehicles on the highway in relation to which the order was made which was extinguished by virtue of the order under that subsection shall be reinstated.
(7) Such an order as is mentioned in subsection (6) may make provision requiring the removal of any obstruction of a highway resulting from the exercise of powers under Part VIIA of the [1980 c. 66.] Highways Act 1980.
(8) Before making an application under subsection (2) or (6) the local planning authority shall consult with the highway authority (if different) and any other authority who are a local planning authority for the area in question.
(9) Subsections (2), (3), (4) and (6) of section 247 shall apply to an order under this section as they apply to an order under that section.
(1) Any person who, at the time of an order under section 249(2) coming into force, has an interest in land having lawful access to a highway to which the order relates shall be entitled to be compensated by the local planning authority on whose application the order was made in respect of—
(a) any depreciation in the value of his interest which is directly attributable to the order; and
(b) any other loss or damage which is so attributable.
(2) In subsection (1) “lawful access” means access authorised by planning permission or access in respect of which no such permission is necessary.
(3) A claim for compensation under this section shall be made to the local planning authority on whose application the order was made within the prescribed time and in the prescribed manner.
(4) For the purpose of assessing any such compensation the rules set out in section 5 of the [1961 c. 33.] Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
(5) Where an interest in land is subject to a mortgage—
(a) any compensation to which this section applies which is payable in respect of depreciation of the value of that interest shall be assessed as if the interest were not subject to the mortgage;
(b) a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;
(c) no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and
(d) any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee (or, if there is more than one mortgagee, to the first mortgagee) and shall in either case be applied by him as if it were proceeds of sale.
(6) Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this section shall be referred to and determined by the Lands Tribunal.
(7) In relation to the determination of any such question, the provisions of sections 2 and 4 of the Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.
(1) Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated, the Secretary of State may by order extinguish any public right of way over the land if he is satisfied—
(a) that an alternative right of way has been or will be provided; or
(b) that the provision of an alternative right of way is not required.
(2) In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX.
(3) Subsection (1) shall also apply (with the substitution of a reference to the Broads Authority for the reference to the local authority) in relation to any land within the Broads which is held by the Broads Authority and which was acquired by, or vested in, the Authority for any purpose connected with the discharge of any of its functions.
(1) Before making an order under section 247, 248, 249 or 251 the Secretary of State shall publish in at least one local newspaper circulating in the relevant area, and in the London Gazette, a notice—
(a) stating the general effect of the order;
(b) specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the publication of the notice (“the publication date”); and
(c) stating that any person may within that period by notice to the Secretary of State object to the making of the order.
(2) Not later than the publication date, the Secretary of State shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan—
(a) on every local authority in whose area any highway or, as the case may be, any land to which the order relates is situated, and
(b) on any water, sewerage, hydraulic power or electricity undertakers or public gas supplier having any cables, mains, sewers, pipes or wires laid along, across, under or over any highway to be stopped up or diverted, or, as the case may be, any land over which a right of way is proposed to be extinguished, under the order.
(3) Not later than the publication date, the Secretary of State shall also cause a copy of the notice to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted or, as the case may be, of the right of way proposed to be extinguished under the order.
(4) If before the end of the period of 28 days mentioned in subsection (1)(b) an objection is received by the Secretary of State from any local authority or undertakers or public gas supplier on whom a notice is required to be served under subsection (2), or from any other person appearing to him to be affected by the order, and the objection is not withdrawn, then unless subsection (5) applies the Secretary of State shall cause a local inquiry to be held.
(5) If, in a case where the objection is made by a person other than such a local authority or undertakers or supplier, the Secretary of State is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary he may dispense with the inquiry.
(6) Subsections (2) to (5) of section 250 of the [1972 c. 70.] Local Government Act 1972 (local inquiries: evidence and costs) shall apply in relation to an inquiry caused to be held by the Secretary of State under subsection (4).
(7) Where publication of the notice mentioned in subsection (1) takes place on more than one day, the references in this section to the publication date are references to the latest date on which it is published.
(8) After considering any objections to the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may, subject to subsection (9), make the order either without modification or subject to such modifications as he thinks fit.
(9) Where—
(a) the order contains a provision requiring any such payment, repayment or contribution as is mentioned in section 247(4)(a); and
(b) objection to that provision is duly made by an authority or person who would be required by it to make such a payment, repayment or contribution; and
(c) the objection is not withdrawn,
the order shall be subject to special parliamentary procedure.
(10) Immediately after the order has been made, the Secretary of State shall publish, in the manner specified in subsection (1), a notice stating that the order has been made and naming a place where a copy of the order may be seen at all reasonable hours.
(11) Subsections (2), (3) and (7) shall have effect in relation to a notice under subsection (10) as they have effect in relation to a notice under subsection (1).
(12) In this section—
“the relevant area”, in relation to an order, means the area in which any highway or land to which the order relates is situated;
“local authority” means the council of a county, district, parish or London borough, a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985, a housing action trust established under Part III of the [1988 c. 50.] Housing Act 1988 and the parish meeting of a rural parish not having a separate parish council;
and in subsection (2)—
(i) the reference to water undertakers shall be construed as including a reference to the National Rivers Authority, and
(ii) the reference to electricity undertakers shall be construed as a reference to holders of licences under section 6 of the [1989 c. 29.] Electricity Act 1989 who are entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act.
(1) Where—
(a) the Secretary of State would, if planning permission for any development had been granted under Part III, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, and
(b) subsection (2), (3) or (4) applies,
then, notwithstanding that such permission has not been granted, the Secretary of State may publish notice of the draft of such an order in accordance with section 252.
(2) This subsection applies where the relevant development is the subject of an application for planning permission and either—
(a) that application is made by a local authority or statutory undertakers or the British Coal Corporation; or
(b) that application stands referred to the Secretary of State in pursuance of a direction under section 77; or
(c) the applicant has appealed to the Secretary of State under section 78 against a refusal of planning permission or of approval required under a development order or against a condition of any such permission or approval.
(3) This subsection applies where—
(a) the relevant development is to be carried out by a local authority or statutory undertakers and requires, by virtue of an enactment, the authorisation of a government department; and
(b) the developers have made an application to the department for that authorisation and also requested a direction under section 90(1) that planning permission be deemed to be granted for that development.
(4) This subsection applies where the council of a county, metropolitan district or London borough or a joint planning board certify that they have begun to take such steps, in accordance with regulations made by virtue of section 316, as are required to enable them to obtain planning permission for the relevant development.
(5) Section 252(8) shall not be construed as authorising the Secretary of State to make an order under section 247 or 248 of which notice has been published by virtue of subsection (1) until planning permission is granted for the development which occasions the making of the order.
(1) The Secretary of State, or a local highway authority on being authorised by the Secretary of State to do so, may acquire land compulsorily—
(a) for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under section 247, 248 or 249 or for any other purpose for which land is required in connection with the order; or
(b) for the purpose of providing any public right of way which is to be provided as an alternative to a right of way extinguished under an order under section 251.
(2) The [1981 c. 67.] Acquisition of Land Act 1981 shall apply to the acquisition of land under this section.
(1) In relation to orders under sections 247, 248 and 249, regulations made under this Act may make provision for securing that any proceedings required to be taken for the purposes of the acquisition of land under section 254 (as mentioned in subsection (1)(a) of that section) may be taken concurrently with any proceedings required to be taken for the purposes of the order.
(2) In relation to orders under section 251, regulations made under this Act may make provision for securing—
(a) that any proceedings required to be taken for the purposes of such an order may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished; or
(b) that any proceedings required to be taken for the purposes of the acquisition of any other land under section 254 (as mentioned in subsection (1)(b) of that section) may be taken concurrently with either or both of the proceedings referred to in paragraph (a).
(1) Where—
(a) in pursuance of an order under section 247, 248 or 249 a highway is stopped up or diverted or, as the case may be, any right to use vehicles on that highway is extinguished; and
(b) immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any telecommunication apparatus kept installed for the purposes of a telecommunications code system,
the operator of that system shall have the same powers in respect of the apparatus as if the order had not come into force.
(2) Notwithstanding subsection (1), any person entitled to land over which the highway subsisted shall be entitled to require the alteration of the apparatus.
(3) Where—
(a) any such order provides for the improvement of a highway, other than a trunk road, and
(b) immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any telecommunication apparatus kept installed for the purposes of a telecommunications code system,
the local highway authority shall be entitled to require the alteration of the apparatus.
(4) Subsection (3) does not have effect so far as it relates to the alteration of any apparatus for the purpose of authority’s works as defined in Part II of the [1950 c. 39.] Public Utilities Street Works Act 1950.
(5) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of this section as it applies for the purposes of that code.
(6) Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.
(1) Subject to section 259, a competent authority may by order authorise the stopping up or diversion of any footpath or bridleway if they are satisfied that it is necessary to do so in order to enable development to be carried out—
(a) in accordance with planning permission granted under Part III, or
(b) by a government department.
(2) An order under this section may, if the competent authority are satisfied that it should do so, provide—
(a) for the creation of an alternative highway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing highway for such use;
(b) for authorising or requiring works to be carried out in relation to any footpath or bridleway for whose stopping up or diversion, creation or improvement provision is made by the order;
(c) for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath or bridleway;
(d) for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works.
(3) An order may be made under this section authorising the stopping up or diversion of a footpath or bridleway which is temporarily stopped up or diverted under any other enactment.
(4) In this section “competent authority” means—
(a) in the case of development authorised by a planning permission, the local planning authority who granted the permission or, in the case of a permission granted by the Secretary of State, who would have had power to grant it; and
(b) in the case of development carried out by a government department, the local planning authority who would have had power to grant planning permission on an application in respect of the development in question if such an application had fallen to be made.
(1) Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated, then, subject to section 259, the local authority may by order extinguish any public right of way over the land, being a footpath or bridleway, if they are satisfied—
(a) that an alternative right of way has been or will be provided; or
(b) that the provision of an alternative right of way is not required.
(2) In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX.
(3) Subsection (1) shall also apply (with the substitution of a reference to the Broads Authority for the reference to the local authority) in relation to any land within the Broads which is held by the Broads Authority and which was acquired by, or vested in, the Authority for any purpose connected with the discharge of any of its functions.
(1) An order made under section 257 or 258 shall not take effect unless confirmed by the Secretary of State or unless confirmed, as an unopposed order, by the authority who made it.
(2) The Secretary of State shall not confirm any such order unless satisfied as to every matter as to which the authority making the order are required under section 257 or, as the case may be, section 258 to be satisfied.
(3) The time specified—
(a) in an order under section 257 as the time from which a footpath or bridleway is to be stopped up or diverted; or
(b) in an order under section 258 as the time from which a right of way is to be extinguished,
shall not be earlier than confirmation of the order.
(4) Schedule 14 shall have effect with respect to the confirmation of orders under section 257 or 258 and the publicity for such orders after they are confirmed.
(1) This section applies where—
(a) any order is made by a local authority under section 258(1), or on the application of a local authority under section 251(1), which extinguishes a public right of way; or
(b) any order is made by a competent authority under section 257 which authorises the stopping up or diversion of a footpath or bridleway,
and at the time of the publication of the notice required by section 252(1) or, as the case may be, paragraph 1 of Schedule 14 any telecommunication apparatus was kept installed for the purposes of a telecommunications code system under, in, on, over, along or across the land over which the right of way subsisted.
(2) In subsection (1) “competent authority” has the same meaning as in section 257 and in the following provisions of this section references to the authority are to the authority who made the order or, as the case may be, to the authority on whose application it was made.
(3) The power of the operator of the telecommunications code system to remove the apparatus—
(a) shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished or authorised to be stopped up or diverted; and
(b) if before the end of that period the operator of the system has given notice to the authority of his intention to remove the apparatus or a part of it, shall be exercisable in respect of the whole or, as the case may be, that part of the apparatus after the end of that period.
(4) The operator of the system may by notice given in that behalf to the authority not later than the end of that period abandon the telecommunication apparatus or any part of it.
(5) Subject to subsection (4), the operator of the system shall be deemed at the end of that period to have abandoned any part of the apparatus which the operator has then neither removed nor given notice of his intention to remove.
(6) The operator of the system shall be entitled to recover from the authority the expense of providing, in substitution for the apparatus and any other telecommunication apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any telecommunication apparatus in such other place as the operator may require.
(7) Where under the previous provisions of this section the operator of the system has abandoned the whole or any part of any telecommunication apparatus, that apparatus or that part of it shall vest in the authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of a telecommunications code system.
(8) As soon as reasonably practicable after the making of any such order as is mentioned in paragraph (a) or (b) of subsection (1) in circumstances in which that subsection applies in relation to the operator of any telecommunications code system, the person by whom the order was made shall give notice to the operator of the making of the order.
(9) Subsections (5) and (6) of section 256 apply for the purposes of this section as they apply for the purposes of that section.
Town and Country Planning Act 1990