Land Compensation Act 1973

22 Acquisition of land in connection with highways

(1) Subject to subsection (3) below, a highway authority may acquire land compulsorily or by agreement for the purpose of mitigating any adverse effect which the existence or use of a highway constructed or improved by them, or proposed to be constructed or improved by them, has or will have on the surroundings of the highway.

(2) Subject to subsection (3) below, a highway authority may acquire by agreement—

(a) land the enjoyment of which is seriously affected by the carrying out of works by the authority for the construction or improvement of a highway;

(b) land the enjoyment of which is seriously affected by the use of a highway which the authority have constructed or improved,

if the interest of the vendor is one which falls within section 192(3) to (5) of the [1971 c. 78.] Town and Country Planning Act 1971 (interests qualifying for protection under blight provisions) taking references to the date of service of a notice under section 193 of that Act as references to the date on which the purchase agreement is made.

(3) The powers conferred by subsection (2)(b) above shall not be exercisable unless the date on which the highway or, as the case may be, the improved highway is first open to public traffic falls on or after 17th October 1971 and the powers conferred by subsections (1) and (2)(a) above shall not be exercisable unless that date falls on or after 17th October 1972 ; and—

(a) if that date falls not later than one year after the passing of this Act—

(i) the powers conferred by subsection (1) above to acquire land compulsorily and the powers conferred by subsection (2)(a) above shall not be exercisable unless the acquisition is begun before the end of one year after the passing of this Act;

(ii) the powers conferred by subsection (1) above to acquire land by agreement and the powers conferred by subsection (2)(b) above shall not be exercisable unless the acquisition is begun before the end of one year after the passing of this Act or one year after that date, whichever ends later ;

(b) if that date falls more than one year after the passing of this Act—

(i) the powers mentioned in paragraph (a)(i) above shall not be exercisable unless the acquisition is begun before that date ;

(ii) the powers mentioned in paragraph (a)(ii) above shall not be exercisable unless the acquisition is begun before the end of one year after that date.

(4) Where under the powers of this section a highway authority have acquired, or propose to acquire, land forming part of a common, open space or fuel or field garden allotment and other land is required for the purpose of being given in exchange for the first-mentioned land, the authority may acquire that other land compulsorily or by agreement.

(5) A power to acquire land compulsorily conferred by this section on a local highway authority shall be exercisable in any particular case on their being authorised by the Secretary of State to exercise it; and the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 shall have effect—

(a) in relation to the compulsory acquisition of land under this section by a local highway authority, as if this section had been in force immediately before the commencement of that Act;

(b) in relation to the compulsory acquisition of land under this section by the Secretary of State, as if this section had been in force immediately before the commencement of that Act and as if this section were included among the enactments specified in section 1(1)(b) of that Act.

(6) For the purposes of subsection (3) above the acquisition of any land is begun—

(a) if it is compulsory, on the date on which the notice required by paragraph 3(1)(a) of Schedule 1 to the said Act of 1946 is first published;

(b) if it is by agreement, on the date on which the agreement is made;

and where the compulsory acquisition of any land under subsection (1) is begun within the time limited by subsection (3) above but is not proceeded with, any subsequent compulsory acquisition of that land under subsection (1) above shall be treated for the purposes of this section as begun within that time.

(7) For the purpose of assessing the compensation payable on the compulsory acquisition of land under this section—

(a) the land shall be treated as if it were being acquired for the construction of the highway or, as the case may be, the improvement in question ;

(b) section 222(6) of the [1959 c. 25.] Highways Act 1959 (matters to be taken into account by Lands Tribunal) shall, so far as applicable, apply as it does in relation to compulsory acquisition under the provisions there mentioned;

and in section 222(11) of that Act (application of [1965 c. 56.] Compulsory Purchase Act 1965 to acquisition of land by agreement under Part X of the said Act of 1959) the reference to the said Part X shall include a reference to this section.

(8) Section 214(5) and (6) of the said Act of 1959 (acquisition of land for preserving view from or other amenities of a highway) shall cease to have effect; and in section 10(1) of that Act (delegation of functions relating to trunk roads) for the words " under subsection (5) or subsection (6) of section two hundred and fourteen of this Act or under section two hundred and fifteen thereof" there shall be substituted the words " under section 215 of this Act or under section 22 of the Land Compensation Act 1973 ".

(9) References in the [1971 c. 41.] Highways Act 1971 to highway land acquisition powers shall include references to the powers exercisable under this section.

(10) In this section references to the construction or improvement of a highway include references to the construction or improvement of a highway by virtue of an order under section 9 or 13 of the Highways Act 1959 or section 1 of the Highways Act 1971.

(11) In the application of this section to Scotland—

(a) for the references to sections 192(3) to (5) and 193 of the Town and Country Planning Act 1971 there shall be substituted respectively references to sections 181(3) to (5) and 182 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

(b) in subsection (4) for the words " open space or fuel or field garden allotment" there shall be substituted the words " or open space ";

(c) for references to the [1946 c. 59.] Acquisition of Land (Authorisation Procedure) Act 1946 there shall be substituted references to the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ;

(d) for the reference to section 222(6) of the Highways Act 1959 there shall be substituted a reference to section 35(3) of the [1970 c. 20.] Roads (Scotland) Act 1970;

(e) for subsection (8) there shall be substituted—

“(8) In section 5(2) of the [1946 c. 30.] Trunk Roads Act 1946 (delegation of functions relating to trunk roads) after the words "section 29(4) of the [1970 c. 20.] Roads (Scotland) Act 1970" there shall be inserted the words " or under section 22 of the Land Compensation Act 1973. "”;

(f) in subsection (10) for the words from " 9 " to the end there shall be substituted " 3 or 14 of the [1949 c. 32.] Special Roads Act 1949 or section 15 of the [1970 c. 20.] Roads (Scotland) Act 1970 ".