- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (26/01/1998)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 13/08/2001
Point in time view as at 26/01/1998. This version of this provision has been superseded.
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Town and Country Planning Act 1990, Section 228 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)[F2The Secretary of State for the Environment, Transport and the Regions] may acquire compulsorily—
(a)any land necessary for the public service; and
(b)any land which it is proposed to use not only for the public service but also—
(i)to meet the interests of proper planning of the area, or
(ii)to secure the best or most economic development or use of the land,
otherwise than for the public service.
(2)Where the Secretary of State has acquired or proposes to acquire any land under subsection (1) (“the primary land”) and in his opinion other land ought to be acquired together with the primary land—
(a)in the interests of the proper planning of the area concerned; or
(b)for the purpose of ensuring that the primary land can be used, or developed and used, (together with that other land) in what appears to him to be the best or most economic way; or
(c)where the primary land or any land acquired, or which he proposes to acquire, by virtue of paragraph (a) or (b) of this subsection or of section 122(1)(a) or (b) of the Local M1 Government, Planning and Land Act 1980, forms part of a common, open space or fuel or field garden allotment, for the purpose of being given in exchange for that land,
he may compulsorily acquire that other land.
(3)Subject to subsection (4), the power of acquiring land compulsorily under this section shall include power to acquire an easement or other right over land by the grant of a new right.
(4)Subsection (3) shall not apply to an easement or other right over any land which would for the purposes of the M2Acquisition of Land Act 1981 form part of a common, open space or fuel or field garden allotment.
(5)References in this section to the public service include the service in the United Kingdom—
(a)of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become a member;
(b)of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);
(c)of a foreign sovereign Power or the Government of such a Power.
(6)For the purposes of subsection (5)(b) “treaty” includes any international agreement and any protocol or annex to a treaty or international agreement.
(7)The Acquisition of Land Act 1981 shall apply to any compulsory acquisition by [F2The Secretary of State for the Environment, Transport and the Regions] under this section.
Textual Amendments
F1Words in s. 228 substituted (26.1.1998) by virtue of The Secretary of State for the Environment, Transport and the Regions Order 1997 (S.I. 1997/2971), arts. 1(2), 6(1), Sch. paras. 11, 12
F2Words in s. 228 substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras.11, 12
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