Local Government, Planning and Land Act 1980

143 Acquisition by local highway authority. E+W+S

(1) This section applies where the appropriate Minister is satisfied that the construction or improvement of a road is needed—

(a) outside an urban development area, for the purpose of securing the development of land in that area in accordance with proposals approved by the Secretary of State under section 148 below, or

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

(2) In that case, a local highway authority may, on being authorised to do so by the appropriate Minister acquire compulsorily any land as to which he is satisfied that its acquisition by the authority 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 land abutting on or adjacent to the road.

(3) Where a local highway authority has been authorised under subsection (2) above to acquire compulsorily land forming part of a common or open space or fuel or field garden allotment, the authority may be authorised under that subsection to acquire compulsorily land for giving in exchange for the land acquired. In the application of this subsection to Scotland the words “or fuel or field garden allotment” shall be omitted.

[F1 (3A) The M1 1981 Act shall apply F2 ... to the compulsory acquisition of land under this section]

(4) [F3 The 1946 Act and,] in Scotland, the 1947 Act shall apply (subject to section 144(2) below) in relation to the compulsory acquisition of land in pursuance of this section as if this section were contained in an Act in force immediately before the commencement of [F3 the 1946 Act or (as the case may be, the 1947 Act.]

(5) In this section—

• “the appropriate Minister” means—

(a) in England, the Minister of Transport; and

(b) in Scotland or Wales, the Secretary of State; and

“local highway authority” means a highway authority other than the appropriate Minister.

Textual Amendments

F1 S. 143(3A) inserted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 30(7)

F2 Words in s. 143(3A) repealed (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 10(3), Sch. 9 (with s. 111, Sch. 7 para. 10(6)); S.I. 2004/2593, art. 2(d)(e)

F3 Words repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I

Marginal Citations

M1 1981 c. 66 (28:1).