Section 70 – Commons, open spaces etc: compulsory acquisition of land
193.Section 70 applies to land forming part of a common, open space or fuel or field garden allotment, where the acquisition does not involve the acquisition of a new right over land. This section provides that an infrastructure consent order that authorises the compulsory acquisition of such land will be subject to special Senedd procedure unless the Welsh Ministers are satisfied that one of the following applies:
replacement land has been or will be given in exchange for the land authorised to be compulsorily acquired (“order land”) and that the replacement land will be vested in the prospective seller and subject to the same rights, trusts and incidents;
where the order land is or forms part of an open space only, there is no suitable land to be given in exchange or any suitable land is only available at a prohibitive cost, and it is in the public interest for development to be begun sooner than is likely to be possible if the order were subject to special Senedd procedure;
where the order land is or forms part of an open space only, it is being acquired for a temporary purpose;
the land being acquired does not exceed 200 square metres or is required for the widening or drainage of an existing highway (or partly for the widening and partly for the drainage of such a highway), and the giving of land in exchange for it is unnecessary.
194.Where the Welsh Ministers are satisfied that one of these exceptions applies, they must record that fact in the order or otherwise in the instrument or other document containing the order.
195.Any replacement land must be no less in area than the land being compulsorily acquired and must be no less advantageous.
