Planning and Compensation Act 1991

62 Powers to acquire land which will be affected by public works

(1) After section 26(2) of the [1973 c. 26.] Land Compensation Act 1973 (responsible authority may acquire land by agreement where enjoyment of land affected by public works) there is inserted—

“(2A) Where the responsible authority—

(a) propose to carry out works on blighted land for the construction or alteration of any public works, and

(b) are, in relation to the land, the appropriate authority,

they may, subject to the provisions of this section, acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the public works if the interest of the vendor is a qualifying interest.

(2B) In this section—

• “qualifying interest” has the meaning given in section 149(2) of the [1990 c. 8.] Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and

• “appropriate authority” and “blighted land” have the meanings given respectively in sections 169(1) and 149(1) of that Act.”

(2) After section 246(2) of the [1980 c. 66.] Highways Act 1980 (acquisition of land by agreement where enjoyment of land affected by works) there is inserted—

“(2A) Where the highway authority propose to carry out works on blighted land for the construction or improvement of a highway, they may acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the highway if the interest of the vendor is a qualifying interest.

(2B) In this section—

• “qualifying interest” has the meaning given in section 149(2) of the Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and

• “blighted land” has the meaning given in section 149(1) of that Act.”