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Planning Act 2008
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Changes to legislation:
Planning Act 2008, Section 122 is up to date with all changes known to be in force on or before 23 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 122:
- Pt. 10A inserted by 2023 c. 55 Sch. 12 para. 1
- s. 37(3A) inserted by 2021 c. 30 Sch. 15 para. 7
- s. 37(3A) inserted by 2021 c. 30 Sch. 15 para. 7
- s. 103(1A) inserted by 2021 c. 30 Sch. 15 para. 2
- s. 103(1A) inserted by 2021 c. 30 Sch. 15 para. 2
- s. 104(3)-(3B) substituted for s. 104(3) by 2021 c. 30 Sch. 15 para. 3(2)
- s. 104(3)-(3B) substituted for s. 104(3) by 2021 c. 30 Sch. 15 para. 3(2)
- s. 105(3)(4) inserted by 2021 c. 30 Sch. 15 para. 4(1)
- s. 105(3)(4) inserted by 2021 c. 30 Sch. 15 para. 4(1)
- s. 120(2)(c) inserted by 2021 c. 30 Sch. 15 para. 8
- s. 120(2)(c) inserted by 2021 c. 30 Sch. 15 para. 8
- s. 223(1)(za) inserted by 2023 c. 55 s. 139(6)
- s. 232(5)(f) inserted by 2021 c. 30 Sch. 15 para. 9(2)
- s. 232(5)(f) inserted by 2021 c. 30 Sch. 15 para. 9(2)
- Sch. 2A inserted by 2021 c. 30 Sch. 15 para. 5
- Sch. 2A inserted by 2021 c. 30 Sch. 15 para. 5
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 10A inserted by 2023 c. 55 Sch. 12 para. 1
- s. 37(3A) inserted by 2021 c. 30 Sch. 15 para. 7
- s. 37(3A) inserted by 2021 c. 30 Sch. 15 para. 7
- s. 103(1A) inserted by 2021 c. 30 Sch. 15 para. 2
- s. 103(1A) inserted by 2021 c. 30 Sch. 15 para. 2
- s. 104(3)-(3B) substituted for s. 104(3) by 2021 c. 30 Sch. 15 para. 3(2)
- s. 104(3)-(3B) substituted for s. 104(3) by 2021 c. 30 Sch. 15 para. 3(2)
- s. 105(3)(4) inserted by 2021 c. 30 Sch. 15 para. 4(1)
- s. 105(3)(4) inserted by 2021 c. 30 Sch. 15 para. 4(1)
- s. 120(2)(c) inserted by 2021 c. 30 Sch. 15 para. 8
- s. 120(2)(c) inserted by 2021 c. 30 Sch. 15 para. 8
- s. 223(1)(za) inserted by 2023 c. 55 s. 139(6)
- s. 232(5)(f) inserted by 2021 c. 30 Sch. 15 para. 9(2)
- s. 232(5)(f) inserted by 2021 c. 30 Sch. 15 para. 9(2)
- Sch. 2A inserted by 2021 c. 30 Sch. 15 para. 5
- Sch. 2A inserted by 2021 c. 30 Sch. 15 para. 5
122Purpose for which compulsory acquisition may be authorisedE+W+S
This section has no associated Explanatory Notes
(1)An order granting development consent may include provision authorising the compulsory acquisition of land only if the [F1Secretary of State] is satisfied that the conditions in subsections (2) and (3) are met.
(2)The condition is that the land—
(a)is required for the development to which the development consent relates,
(b)is required to facilitate or is incidental to that development, or
(c)is replacement land which is to be given in exchange for the order land under section 131 or 132.
(3)The condition is that there is a compelling case in the public interest for the land to be acquired compulsorily.
Textual Amendments
F1Words in s. 122(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 62; S.I. 2012/628, art. 7(a)
Commencement Information
I1S. 122 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)
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