Local Government, Planning and Land Act 1980

Derelict Land

117 Extension of powers to make grants for reclamation of land

(1) The following subsections shall be substituted for subsection (1) of section 9 of the [1966 c. 42.] Local Government Act 1966 (grants for reclamation of derelict land): —

“(1) Subject to the provisions of this section, the Secretary of State may, with the consent of the Treasury, pay to any person out of money provided by Parliament grants of such amounts and payable at such times and subject to such conditions as he may from time to time determine in respect of relevant expenditure which is incurred by that person on land to which this subsection applies.

(1A) The land to which subsection (1) above applies is land—

(a) which is derelict, neglected or unsightly land requiring reclamation or improvement; or

(b) which is required for purposes connected with the reclamation or improvement of land such as is mentioned in paragraph (a) above.

(1B) In subsection (1) above "relevant expenditure" means expenditure incurred—

(a) in or in connection with the carrying out after the passing of the Local Government, Planning and Land Act 1980 of works approved by the Secretary of State for the reclamation or improvement of the land ; or

(b) in or in connection with the carrying out of any such works as appear to the Secretary of State to be expedient for the purpose of enabling the land to be brought into use.

(1C) If subsection (1) above applies to land by virtue of subsection (lA)(a) above, "relevant expenditure" also includes expenditure incurred in or in connection with carrying out a survey of the land, with the approval of the Secretary of State, for the purpose of determining whether any works for its reclamation or improvement or for the purpose of enabling it to be brought into use should be undertaken (whether or not such works are carried out).

(1D) In relation to a local authority—

(a) the land to which subsection (1) above applies includes, in addition to land such as is mentioned in subsection (1A) above, land which is not derelict, neglected or unsightly, but which is likely to become derelict, neglected or unsightly by reason of actual or apprehended collapse of the surface as the result of the carrying out of underground mining operations which have ceased to be carried out before the grant is paid and which were not excluded operations; and

(b) subsection (1) above shall have effect as if " relevant expenditure " included—

(i) expenditure incurred in or in connection with the acquisition at any time by the authority with the approval of the Secretary of State of any land to which subsection (1) above applies, including any land to which it applies by virtue of paragraph (a) above; and

(ii) expenditure incurred in or in connection with the carrying out of works such as are mentioned in subsection (1B)(a) above on or after 1st April 1967 but before the passing of the Local Government, Planning and Land Act 1980 other than works so carried out on land to which subsection (1) only applies by virtue of paragraph (a) above.

(1E) In subsection (ID)(a) above " excluded operations " means underground mining operations for the purpose of the working and getting of coal, or of coal and other minerals worked with coal, or for the purpose of getting any product from coal in the course of working and getting coal.”.

(2) The following subsections shall be substituted for subsections (1) to (5) of section 8 of the [1972 c. 5.] Local Employment Act 1972 (derelict land):—

“(1) Where it appears to the Secretary of State—

(a) that any land in a development area or intermediate area (in this section referred to as ' the relevant land ')—

(i) is derelict, neglected or unsightly, or

(ii) is not derelict, neglected or unsightly, but is liable to become derelict, neglected or unsightly by reason of actual or apprehended collapse of the surface as the result of the carrying out of underground mining operations which have ceased to be carried out and which were not excluded operations ; and

(b) that steps should be taken for the purpose of enabling it to be brought into use, or of improving its appearance,

he may, with the consent of the Treasury, make to the council of the county or district in which it is situated such grants as are mentioned in subsection (1A) below.

(1A) The grants that may be made under subsection (1) above are grants—

(a) towards the cost of the exercise of any power of the council to acquire the relevant land or any other land which is reasonably required for the purpose of enabling the relevant land to be brought into use, or of improving its appearance;

(b) towards the cost of the carrying out by the council, for the purpose of enabling the relevant land to be brought into use or of improving its appearance, of any work on that land or any other land ; and

(c) towards the cost of carrying out a survey of the relevant land, with the approval of the Secretary of State, for the purpose of determining whether any works for the purpose of enabling the relevant land to be brought into use or of improving its appearance should be undertaken (whether or not such works are carried out.)

(1B) Grants under this section may be made in such manner as appears to the Secretary of State to be requisite.”

(3) The following subsection shall be inserted after subsection (7) of that section: —

“(8) In this section—

• " county " includes Greater London and " district " includes a London borough, and accordingly—

  (a)

  any reference to the council of a county includes a reference to the Greater London Council; and

  (b)

  any reference to the council of a district includes a reference to the Council of a London borough;

• " excluded operations" means underground mining operations for the purpose of the working and getting of coal, or of coal and other minerals worked with coal, or for the purpose of getting any product from coal in the course of working and getting coal; and

• " land " includes land covered with water.”.