Planning Act 2008 (c. 29)

Part 7 E+W+S Orders granting development consent

Chapter 1 E+W+S Content of orders

Compulsory acquisition E+W+S

123 Land to which authorisation of compulsory acquisition can relate E+W+S

(1) An order granting development consent may include provision authorising the compulsory acquisition of land only if the [F1 Secretary of State] is satisfied that one of the conditions in subsections (2) to (4) is met.

(2) The condition is that the application for the order included a request for compulsory acquisition of the land to be authorised.

(3) The condition is that all persons with an interest in the land consent to the inclusion of the provision.

(4) The condition is that the prescribed procedure has been followed in relation to the land.

Textual Amendments

F1 Words in s. 123(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

I1 S. 123 partly in force; s. 123 in force for certain purposes at Royal Assent see s. 241

I2 S. 123 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)