232 Appropriation of land held for planning purposes. E+W
(1)Where any land has been acquired or appropriated by a local authority for planning purposes and is for the time being held by them for the purposes for which it was so acquired or appropriated, the authority may appropriate the land for any purpose for which they are or may be authorised in any capacity to acquire land by virtue of or under any enactment not contained in this Part or in Chapter V of Part I of the M1Planning (Listed Buildings and Conservation Areas) Act 1990.
(2)Land which consists or forms part of a common, or formerly consisted or formed part of a common, and is held or managed by a local authority in accordance with a local Act shall not be appropriated under this section without the consent of the Secretary of State.
(3)Such consent may be given—
(a)either in respect of a particular appropriation or in respect of appropriations of any class, and
(b)either subject to or free from any conditions or limitations.
(4)Before appropriating under this section any land which consists of or forms part of an open space, a local authority—
(a)shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and
(b)shall consider any objections to the proposed appropriation which may be made to them.
(5)In relation to any appropriation under this section—
(a)subsection (4) of section 122 of the M2Local Government Act 1972 (which relates to the operation of section 68 of the M3Lands Clauses Consolidation Act 1845 and section 10 of the M4Compulsory Purchase Act 1965) shall have effect as it has effect in relation to appropriations under section 122 of that Act of 1972; and
(b)subsections (5) and (6) of section 229 of this Act shall have effect as they have effect in relation to appropriations under that section.
(6)In relation to any such land as is mentioned in subsection (1), this section shall have effect to the exclusion of the provisions of section 122(1) of the M5Local Government Act 1972.
Modifications etc. (not altering text)
C1Pt. 9 applied (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 13(4)
C2Ss. 232, 233, 235(1) amended by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 66(2)
C3S. 232: functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 6(1)(e)(2)
C4S. 232: functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 19(1)(e)
C5S. 232: functions made exercisable concurrently (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 7(1)(e)
C6S. 232: functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 11(1)(e)(2)
Marginal Citations