Part 7Orders granting development consent

Chapter 1Content of orders

Compulsory acquisition

132Commons, open spaces etc: compulsory acquisition of rights over land

1

This section applies to any land forming part of a common, open space or fuel or field garden allotment.

2

An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of a right over land to which this section applies by the creation of a new right over land, unless the Secretary of State—

a

is satisfied that one of subsections (3) to (5) applies, and

b

issues a certificate to that effect.

3

This subsection applies if the order land, when burdened with the order right, will be no less advantageous than it was before to the following persons—

a

the persons in whom it is vested,

b

other persons, if any, entitled to rights of common or other rights, and

c

the public.

4

This subsection applies if—

a

replacement land has been or will be given in exchange for the order right, and

b

the replacement land has been or will be vested in the persons in whom the order land is vested and subject to the same rights, trusts and incidents as attach to the order land (ignoring the order granting development consent).

5

This subsection applies if—

a

the order land does not exceed 200 square metres in extent or the order right is required in connection with the widening or drainage of an existing highway or in connection partly with the widening and partly with the drainage of such a highway, and

b

the giving of other land in exchange for the order right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.

6

If the Secretary of State proposes to issue a certificate under subsection (2), the Secretary of State must—

a

give notice of the proposal or direct the person who applied for the order granting development consent to do so, and

b

give any persons interested in the proposal an opportunity to make representations about the proposal.

7

The Secretary of State may also cause a public local inquiry to be held in relation to the proposal.

8

The Secretary of State may issue the certificate only after considering—

a

any representations made about the proposal, and

b

if an inquiry has been held under subsection (7), the report of the person who held the inquiry.

9

Notice under subsection (6)(a) must be given in such form and manner as the Secretary of State may direct.

10

If the Secretary of State issues a certificate under subsection (2), the Secretary of State must—

a

publish in one or more local newspapers circulating in the locality in which the order land is situated a notice in the prescribed form that the certificate has been given, or direct the person who applied for the order granting development consent to do so, and

b

in a case where a Panel or the Council is the decision-maker, notify the Commission that the certificate has been given, or direct the person who applied for the order granting development consent to do so.

11

If an order granting development consent authorises the compulsory acquisition of a right over land to which this section applies by the creation of a new right over land, it may include provision—

a

for vesting replacement land given in exchange as mentioned in subsection (4)(a) in the persons in whom the order land is vested and subject to the rights, trusts and incidents mentioned in subsection (4)(b), and

b

for discharging the order land from all rights, trusts and incidents to which it has previously been subject so far as their continuance would be inconsistent with the exercise of the order right.

12

In this section —

  • “common”, “fuel or field garden allotment” and “open space” have the same meanings as in section 19 of the Acquisition of Land Act 1981 (c. 67);

  • “the order land” means the land to which this section applies over which the order right is to be exercisable;

  • “the order right” means the right authorised to be compulsorily acquired;

  • “replacement land” means land which will be adequate to compensate the following persons for the disadvantages which result from the compulsory acquisition of the order right—

    1. a

      the persons in whom the order land is vested,

    2. b

      the persons, if any, entitled to rights of common or other rights over the order land, and

    3. c

      the public.