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Textual Amendments
F1Sch. A1 inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 18 para. 6; S.I. 2017/75, reg. 3(k) (with reg. 5)
Modifications etc. (not altering text)
C1Sch. A1 excluded by 2017 c. 7, s. 7(2) (as amended) (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 2; S.I. 2017/209, reg. 2
C2Sch. A1 excluded by 2017 c. 7, s. 8(2) (as amended) (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 3; S.I. 2017/209, reg. 2
C3Sch. A1 excluded (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 22(3) (with arts. 22(4), 32(2))
C4Sch. A1 excluded (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 29(3)(b) (with arts. 4, 29(4), 37)
C5Sch. A1 excluded (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 30(3)(b) (with arts. 30(4), 58, 59)
C6Sch. A1 excluded (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 21(4)(b) (with arts. 24(8), 33(2))
C7Sch. A1 excluded (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 27(4)(b) (with art. 27(5))
C8Sch. A1 excluded (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 22(3)(b) (with arts. 22(4), 31(2))
C9Sch. A1 excluded (3.10.2018) by The A19/A184 Testos Junction Alteration Development Consent Order 2018 (S.I. 2018/994), arts. 1, 27 (with arts. 3(3), 5)
C10Sch. A1 excluded (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 26(3)(b)(4) (with arts. 55, 56)
C11Sch. A1 excluded (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 24(3)(b) (with art. 24(4))
C12Sch. A1 excluded (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 25(3)(b) (with art. 25(4))
C13Sch. A1 excluded (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 25(3)(b) (with art. 25(4))
C14Sch. A1 excluded (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1(1), 31(3)(b) (with arts. 3(1), 31(4))
C15Sch. A1 excluded (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 23(3)(b) (with arts. 7, 23(4))
C16Sch. A1 excluded (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), arts. 1, 27(3)(b) (with arts. 5, 27(4), 44)
C17Sch. A1 excluded (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 25(3)(b) (with arts. 7, 25(4))
C18Sch. A1 excluded (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 27(4)(b) (with arts. 51, 57)
C19Sch. A1 excluded (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 31(3)(b) (with arts. 31(4), 37)
C20Sch. A1 excluded (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), arts. 1, 27(3)(b) (with arts. 5, 27(4), 44)
C21Sch. A1 excluded (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 21(3)(b) (with arts. 21(4), 37)
C22Sch. A1 excluded (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), arts. 1, 27(3)(b) (with arts. 5, 27(4))
C23Sch. A1 excluded (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), arts. 1, 24(3)(b) (with art. 24(4), Sch. 9 para. 144)
C24Sch. A1 excluded (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 33(4)(b) (with art. 33(5))
C25Sch. A1 excluded (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 28(3)(b) (with arts. 28(4), 32, Sch. 9 para. 36)
C26Sch. A1 excluded (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 23(3) (with arts. 23(4), 40, 41, Sch. 9 Pt. 5 para. 18)
C27Sch. A1 excluded (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), arts. 1, 30(3)(b) (with arts. 5, 30(4), Sch. 27 para. 36)
C28Sch. A1 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 7(2)(b), 64(1) (with s. 7(3))
C29Sch. A1 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 6(2)(b), 64(1)
C30Sch. A1 excluded (19.2.2021) by The A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (S.I. 2021/125), arts. 1, 31(3)(b) (with arts. 4, 31(4), 47)
C31Sch. A1 excluded (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 26(3)(b) (with arts. 15, 50, Sch. 11 para. 29)
C32Sch. A1 excluded (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 24(3)(b) (with arts. 41, 42, Sch. 17 para. 66)
C33Sch. A1 excluded (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 24(3)(b) (with arts. 24(4), 41, 42, Sch. 16)
C34Sch. A1 excluded (10.3.2022) by The Thurrock Flexible Generation Plant Development Consent Order 2022 (S.I. 2022/157), arts. 1, 25(b) (with Sch. 8 Pt. 6 para. 19)
C35Sch. A1 excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 35 (with art. 55)
C36Sch. A1 excluded (22.4.2022) by The East Anglia ONE North Offshore Wind Farm Order 2022 (S.I. 2022/432), arts. 1(2), 24(3)(b) (with arts. 40, 41)
C37Sch. A1 excluded (22.4.2022) by The East Anglia TWO Offshore Wind Farm Order 2022 (S.I. 2022/433), arts. 1(2), 24(3)(b) (with arts. 24(4), 40, 41)
C38Sch. A1 excluded (12.5.2022) by The M54 to M6 Link Road Development Consent Order 2022 (S.I. 2022/475), arts. 1, 27(3)(b) (with art. 27(4))
C39Sch. A1 excluded (2.6.2022) by The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022 (S.I. 2022/549), arts. 1, 30(3)(b) (with arts. 6, 30(4), 34)
C40Sch. A1 excluded (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 32(3)(b) (with arts. 5, 32(4), 36)
C41Sch. A1 excluded (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order 2022 (S.I. 2022/738), arts. 1, 32(3)(b) (with arts. 4, 32(4), 50)
C42Sch. A1 excluded (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), arts. 1, 35 (with arts. 35(4), 62, 76, 87)
C43Sch. A1 excluded (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), arts. 1, 31(3)(b) (with arts. 4, 31(4), 53)
C44Sch. A1 excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 35(3)(b)
C45Sch. A1 excluded (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 30-32 (with art. 46(2), Sch. 19 para. 61)
C46Sch. A1 excluded (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), arts. 1, 32(3) (with arts. 4, 52, Sch. 9 para. 82)
C47Sch. A1 excluded (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 31(3)(b) (with arts. 31(4), 51)
C48Sch. A1 excluded (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), arts. 1, 29(3)(b) (with arts. 5, 29(4))
C49Sch. A1 excluded (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 32(3) (with arts. 4, 32(4))
C50Sch. A1 excluded (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 32(3) (with arts. 4, 50)
C51Sch. A1 excluded (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 24(3)(b) (with arts. 24(4), 32, Sch. 10 paras. 26(2), 68)
C52Sch. A1 excluded (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 23(3) (with art. 23(4))
C53Sch. A1 excluded (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 32(3)(b) (with arts. 5, 32(4), 53, Sch. 8 paras. 6, 64)
C54Sch. A1 excluded (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), arts. 1, 25(3) (with arts. 25(4), 42, 43, Sch. 9 Pt. 1 para. 4, Sch. 9 Pt. 3 para. 6(1), Sch. 9 Pt. 4 para. 20, Sch. 9 Pt. 9 para. 4)
C55Sch. A1 excluded (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), arts. 1, 27(4) (with arts. 6(2), 18, 27(5), Sch. 11 paras. 5, 30)
C56Sch. A1 excluded (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), arts. 1, 31(3) (with arts. 4, 31(4), 45, Sch. 9 paras. 6, 46, 54(1))
C57Sch. A1 excluded (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), arts. 1, 24
C58Sch. A1 excluded (7.2.2024) by The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024 (S.I. 2024/70), arts. 1, 22(3) (with arts. 22(4), 43, Sch. 12 paras. 5, 24)
C59Sch. A1 excluded (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 38(3) (with arts. 4, 38(4), 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)
C60Sch. A1 excluded (11.3.2024) by The Net Zero Teesside Order 2024 (S.I. 2024/174), arts. 1, 28(3) (with arts. 28(4), 42, 43, Sch. 12)
C61Sch. A1 excluded (13.3.2024) by The Medworth Energy from Waste Combined Heat and Power Facility Order 2024 (S.I. 2024/230), arts. 1, 26(3) (with art. 26(4), Sch. 11)
C62Sch. A1 excluded (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 27(3) (with arts. 18, 27(4), 35, Sch. 9)
C63Sch. A1 excluded (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 34(3) (with art. 44, Sch. 15)
C64Sch. A1 excluded (11.4.2024) by The HyNet Carbon Dioxide Pipeline Order 2024 (S.I. 2024/436), arts. 1(2), 31(4) (with arts. 21, 41, Sch. 10)
6(1)On receiving a counter-notice the acquiring authority must decide whether to—E+W
(a)withdraw the notice to treat in relation to the land proposed to be acquired,
(b)accept the counter-notice, or
(c)refer the counter-notice to the Upper Tribunal.
(2)But the acquiring authority may not decide to withdraw the notice to treat if the counter-notice was served on or after the original vesting date.
7E+WThe 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”).
8E+WIf the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.
9(1)This paragraph applies if the acquiring authority do not serve notice of a decision within the decision period.E+W
(2)If the counter-notice was served before the original vesting date, the authority are to be treated as if they had served notice of a decision to withdraw the notice to treat in relation to the land proposed to be acquired.
(3)If the counter-notice was served on or after the original vesting date, they are to be treated as if they had served notice of a decision to accept it.
10E+WIf the acquiring authority serve notice of a decision to withdraw the notice to treat in relation to the land proposed to be acquired the general vesting declaration is to have effect as if it did not include that land.
11(1)This paragraph applies where the acquiring authority serve notice of a decision to accept the counter-notice.E+W
(2)The general vesting declaration and the notice to treat (and, where applicable, the compulsory purchase order) are to have effect as if they included the owner's interest in the additional land as well as in the land proposed to be acquired.
(3)The authority must serve on the owner a notice specifying the vesting date or dates for—
(a)the land proposed to be acquired (if the counter-notice was served before the original vesting date), and
(b)the additional land.
(4)The new vesting date for the land proposed to be acquired must not be before the original vesting date.
(5)The vesting date for the additional land must be after the period of 3 months beginning with the day on which the notice under sub-paragraph (3) is served.
12(1)This paragraph applies where—E+W
(a)the acquiring authority refer the counter-notice to the Upper Tribunal, and
(b)the counter-notice was served before the original vesting date.
(2)At any time before the Upper Tribunal make a determination under paragraph 14, the acquiring authority may serve notice on the owner specifying a new vesting date for the land proposed to be acquired.
(3)The new vesting date for the land proposed to be acquired must not be before the original vesting date.]