PART VAcquisition and Appropriation of Land and Provisions related thereto
Powers exercisable in relation to land held for planning purposes, and other related powers
77Appropriation of land held for planning purposes
1
Where any land has been acquired or appropriated by a local authority for planning purposes and is for the time being held by the authority for the purposes for which it was so acquired or appropriated, the authority (subject to the following provisions of this section) may appropriate the land for any purpose for which they are or may be authorised in any capacity to acquire land by virtue of or under any enactment not contained in this Part of this Act.
2
The consent of the Minister shall be requisite to any appropriation under this section—
a
by an authority which is not an authority to whom Part II of the Act of 1959 applies, or
b
of land which, immediately before the appropriation, is land which consists or forms part of a common, or formerly consisted or formed part of a common, and is held or managed by a local authority in accordance with a local Act, or
c
of land which, immediately before the appropriation,
is corporate land; and any such consent may be given either in respect of a particular appropriation or in respect of appropriations of any class, and may be given either subject to or free from any conditions or limitations.
3
For the purposes of subsection (2) of section twenty-three of the Act of 1959 (which makes provision as to the consent of Ministers to appropriations in certain cases) the power of appropriation conferred by subsection (1) of this section shall (except in respect of any exercise thereof in circumstances falling within the last preceding subsection) be deemed to be a power in relation to which subsection (1) of that section has effect.
4
In relation to any appropriation under this section—
a
subsection (2) of section one hundred and sixty-three of the Local Government Act, 1933 (which relates to the operation of section sixty-eight of the Lands Clauses Consolidation Act, 1845), and
b
subsections (5) and (6) of section seventy-three of this Act,
shall have effect as they have effect in relation to appropriations under those sections respectively.
5
In relation to any such land as is mentioned in subsection (1) of this section, this section shall have effect to the exclusion of the provisions of subsection (1) of section one hundred and sixty-three of the Local Government Act, 1933.