Compulsory Purchase Act 1965

[F1 PART 1 E+W Counter-notice where acquiring authority has not taken possession

Textual Amendments

F1 Sch. 2A inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 17 para. 3; S.I. 2017/75, reg. 3(g) (with reg. 5)

Introduction E+W

1 (1) This Part applies where an acquiring authority— E+W

(a) serve a notice to treat in respect of part only of a house, building or factory,

(b) have not entered on and taken possession of the land to which the notice to treat relates, and

(c) have not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of the land to which the notice to treat relates.

(2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).

2 E+W This Part does not apply by virtue of a notice to treat that is deemed to have been served in respect of part only of a house, building or factory under section 154(5) of the Town and Country Planning Act 1990 (deemed notice to treat in relation to blighted land).

3 E+W In this Part—

• “additional land” means the part of the house, building, or factory not specified in the notice to treat;

• “house” includes any park or garden belonging to a house;

• “land proposed to be acquired” means the part of the house, building or factory specified in the notice to treat;

• “whole of the land” means the land proposed to be acquired and the additional land.

Counter-notice requiring authority to purchase whole of land E+W

4 E+W A person who is able to sell the whole of the land (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner's interest in the whole of the land.

5 E+W A counter-notice under this Part must be served within—

(a) the period of 28 days beginning with the day on which the notice to treat was served, or

(b) if it would end earlier, the period specified in a repeat notice of entry served in accordance with section 11A.

Effect of counter-notice on notice of entry E+W

6 E+W If the owner serves a counter-notice—

(a) any notice of entry under section 11(1) that has already been served on the owner in respect of the land proposed to be acquired ceases to have effect, and

(b) the acquiring authority may not serve a notice of entry (or a further notice of entry) on the owner under section 11(1) in respect of that land unless they are permitted to do so by paragraph 11 or 12.

Acquiring authority must respond to counter-notice within three months E+W

7 E+W On receiving a counter-notice the acquiring authority must decide whether to—

(a) withdraw the notice to treat,

(b) accept the counter-notice, or

(c) refer the counter-notice to the Upper Tribunal.

8 E+W The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

9 E+W If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

10 E+W If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

Effects of accepting counter-notice or referring it to the Upper Tribunal E+W

11 E+W If the acquiring authority serve notice of a decision to accept the counter-notice—

(a) the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the whole of the land, and

(b) the authority may serve a notice of entry under section 11(1) in relation to the whole of the land.

12 E+W If the acquiring authority serve notice of a decision to refer the counter-notice to the Upper Tribunal, the acquiring authority may serve a notice of entry under section 11(1) on the owner in relation to the land proposed to be acquired.

13 E+W If the authority have already served one or more notices of entry under section 11(1) in respect of the land proposed to be acquired the period specified in any new notice of entry in relation to that land must be a period that ends no earlier than the end of the period in the most recent notice of entry.]