Summary of Compulsory Purchase Provisions

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Housing and Planning Bill 2015









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Housing and Planning Bill 2015: First Reading - Summary of Compulsory Purchase Provisions
 
This document is intended to provide a quick reference to the compulsory purchase provisions in the Bill to assist members. It does not provide any views on the merit or otherwise of the proposals.
 
For details of the provisions see the draft Bill at
 
s.111 Right to enter and survey land
  • A right to enter land  for survey purposes “in connection with a proposal to acquire compulsorily”
  • Available to all “acquiring authorities” as defined in s.7 of the Acquisition of Land Act 1981.
  • Covers the land proposed to be acquired “or other land”.
s.112 Warrant authorising use of force to enter and survey land
  • A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred by section 111(1) if satisfied—
 (a)   that another person has prevented or is likely to prevent the exercise of that power, and
 (b)   that it is reasonable to use force in the exercise of that power.
 
s.113 Notice of survey and copy of warrant
  • 14 days notice prior to entry
  • Specify if certain activities are to be undertaken, including survey for EIA or HRA purposes
  • Copy of any warrant to be sent  to all persons given notice of application
 
s.114 Enhanced authorisation procedures etc. for certain surveys
  • Ministerial authority required to survey statutory undertakers' land.
  • New Roads and Street Works Act applied to works in a street
 
s.115 Right to compensation after entry on or survey of land
  • Compensation payable to land owner
  • Settled by Upper Tribunal if disputed
 
s.116 Offences in connection with powers to enter land
  • Obstructing a survey is an offence – fine up to level 3
  • Disclosing confidential information gained via s.111 power for purposes other than those authorised is an offence – fine and/or up to 2 years imprisonment
 
s.117 Right to enter and survey Crown land
  • Power applies to Crown land
 
s.118 Timetable for confirmation of compulsory purchase order
  • Sec of State empowered to publish timetables for confirmation process
  • Sec of State to report to Parliament on performance of confirming authorities in meeting timetables
  • Failure to meet timetable does not invalidate CPO
  • Similar provisions for Welsh Ministers, reporting to Welsh Assembly.
 
s.119 Confirmation by inspector
  • Confirming authority may appoint an inspector to confirm CPO on its behalf
  • Authority can revoke appointment at any time
 
s.120 Time limits for notice to treat or general vesting declaration
  • May not serve notice to treat after three years from when CPO becomes operative
  • Clarifies previous wording “exercise power”
  • GVD “may not be made” after the three years period from when CPO becomes operative
 
s.121 Notice of general vesting declaration procedure
  • Schedule 7 of Bill alters GVD notice procedure
  • Notice similar to Notice of intention to vest (s.3 CP Vesting Decs Act 1981) now included in notice of CPO confirmation.
  • Need for s.3 notice prior to GVD removed.
  • 2 month delay in executing GVD after s.3 notice now removed.
  • See also s.122 below

s.122 Earliest vesting date under general vesting declaration
  • Vesting date limit not earlier than 28 days after execution now extended to three months
  • S.121 and 122 effectively remove 2 month Notice of Intention to Vest but extend the notice period from GVD execution to Vesting to three months. Same overall period but AA is committed to Vesting three months ahead instead of 28 days. Greater certainty for land owners.
 
s.123 Extended notice period for taking possession following notice to treat
  • Minimum notice period for acquisition under Notice to Treat and Notice of Entry increased from 14 days to three months.
  • Period matches GVD procedure.
  • Provisions regarding discovery of additional owners, occupiers etc after serving notice but before taking possession.
s.124 Counter-notice requiring possession to be taken on specified date
  • Notice of Entry must contain details of new right to serve counter notice
  • If AA do not take possession on date specified in the Notice of Entry, occupier can serve a counter notice requiring possession to be taken on a specified date.
  • Specified date must be at least 28 days later than counter notice and not earlier than date in Notice of Entry.
  • If occupier “gives up possession” before the date in the counter notice, AA deemed to have taken possession on date possession given up.
  • If multiple occupiers covered by a single Notice of Entry, all must act together to serve a counter notice.
 
s.125 Agreement to extend notice period for possession following notice to treat
  • AA may extend date in a Notice of Entry by agreement with parties served.
  • Where date so extended, extended date to be used as Notice of Entry date for s.124 purposes.

s.126 Corresponding amendments to the New Towns Act 1981
  • Changes as above for New Towns Act 1981 as necessary

s.127 Abolition of alternative possession procedure following notice to treat
  • Abolishes procedure in Sch 3 Compulsory Purchase Act 1965 (payment of compensation in to Court before entry).
 
s.128 Extended notice period for taking possession following vesting declaration
  • Notice period for taking possession of minor tenancies under GVD extended from 14 days to three months.
 
s.129 Making a claim for compensation
  • Sec of State empowered to make regulations regarding the form of a notice of claim and timing (s.4 LCA 1961).
 
s.130 Making a request for advance payment of compensation
  • S.52 advance payment request must give  “information to enable the acquiring authority to estimate the amount of the compensation in respect of which the advance payment is to be made.”
  • Within 28 days AA must decide if they have sufficient information to estimate compensation
  • If not they must request the information from the claimant
  • Sec of State empowered to make regulations about the form and content of a s.52 request
 
s.131 Power to make and timing of advance payment
  • AA may make an Advance Payment after CPO confirmation if requested
  • AA must make and Advance Payment once NTT served or GVD made if a payment is requested.
  • Advance Payment must be made within two months of later of
    • S.52 request received
    • Additional info required and received (see s.130 above)
    • NTT served / GVD made
  • Note this compares with current provision for payment later of three months from request or on date of possession.
  • Similar provisions in respect of mortgaged land.
 
s.132 Interest on advance payments of compensation
  • (Additional?) Interest payable on Advance Payments paid late
  • Rates to be set by regulations
 
s.133 Repayment of advance payment where no compulsory purchase
  • Advance Payment received before possession must be repaid if no possession taken
  • Same provision for mortgages
 
s.134 Objection to division of land
  • Schedule 9 of the Bill makes provisions for Material Detriment (s.8 CPA 1965)
  • If Material Detriment notice served in response to a Notice to Treat and Notice of Entry
    • Notice Entry ceases to have effect
    • No new Notice of Entry can be served until either
      • AA accept the Material Detriment notice (CPO and NTT deemed over whole  land and NoE can be re-served)
      • AA give notice of referring Material Detriment notice to Upper Tribunal (AA may re-serve NoE on part only).  
  • Acquisition of land below 9m depth protected
  • Detailed provisions regarding effect of Upper Tribunal decision to uphold or reject Material Detriment notice
  • Valuation date if Material Detriment upheld is same for whole land as it was for part.
  • Schedule 10 of the Bill deals with Material Detriment under GVD
  • Similar to Schedule 9 but AA must either
    • Accept the Material Detriment Notice
    • Withdraw Notice to Treat (if pre-vesting. No vesting takes place of the “part”)
    • Refer to Upper Tribunal (may issue a new vesting date for the part)
    • AA may not withdraw NTT if vesting has taken place
 
s.135 Power to quash decision to confirm compulsory purchase order
  • Court has power to quash decision to confirm CPO rather than quash the CPO itself
  • Can quash decision on whole CPO or in respect of applicant’s property only
 
s.136 Extension of compulsory purchase time limit during challenge
  • If a CPO confirmation is challenged the life of the CPO can be extended by the shorter of
    • The time it took to deal with the challenge
    • One year

s.137 Power to override easements and other rights
  • Replacement for s.237 of TCPA 1990
  • Wider application now covers
(a)   a Minister of the Crown or the Welsh Ministers or a government department,
(b)   a local authority,
(c)    a body established by or under an Act, or
(d)   a statutory undertaker
  • Covers construction, maintenance or use
  • Land must be/have been owned by a qualifying authority at any time after the provision comes into force
  • Operates only if AA “could acquire the land compulsorily for the purposes of the building or maintenance work”
  • If land owned by authority already it is assumed not owned for purposes of being able to compulsorily acquire above
  • For use, only operates if AA  “could acquire the land compulsorily for the purposes of  erecting or constructing any building for that use”.
  • Statutory undertakers protected

s.138 Compensation for overridden easements etc
  • Similar provisions to existing s.237 system
 
s.139 Amendments to do with sections 137 and 138
  • Repeal of existing s.237 powers and related changes.
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