Development of Rural Wales Act 1976

Part II E+W+S Acquisition of Land for Roads by Local Highway Authority or the Secretary of State

2 (1) Where the Secretary of State is satisfied that the construction or improvement of a road is needed—

(a) outside the area of a new town situated within the area for which the Board is responsible, for the purpose of securing the development of land in the area of that new town in accordance with proposals approved by the Secretary of State under section 3(7) of this Act, or

(b) for the purpose of providing proper means of access to such an area,

a local highway authority may be authorised, by means of a compulsory purchase order under this sub-paragraph made by the authority and submitted to and confirmed by the Secretary of State in accordance with Part III of the new towns code, to acquire compulsorily any land as to which the Secretary of State is satisfied that its acquisition by the authority is requisite—

(i) for the construction or improvement of the road, or

(ii) for carrying out the improvement or controlling the development of frontages to the road or of lands abutting on or adjacent to the road.

(2) Where the Secretary of State is satisfied that the construction or improvement of a road is needed to supersede a part of a trunk road whose supersession appears to him to be expedient for any such purpose as is mentioned in sub-paragraph (1)(a) or (b) above, the Secretary of State may be authorised by means of a compulsory purchase order under this sub-paragraph made by him in accordance with Part III of the new towns code to acquire compulsorily any land as to which he is satisfied that its acquisition by him is requisite—

(a) for the construction or improvement of the road, or

(b) for carrying out the improvement or controlling the development of frontages to the road or of lands abutting on or adjacent to the road.

(3) Where an acquiring authority has been authorised under sub-paragraph (1) or (2) of this paragraph to acquire compulsorily land forming part of a common, open space or fuel or field garden allotment, it may be authorised under that sub-paragraph to acquire compulsorily land for giving in exchange for the land acquired.

(4) A local highway authority may, with the consent of the Secretary of State, acquire by agreement any land which they could be authorised under sub-paragraph (1) above to acquire compulsorily.