Part 7Orders granting development consent
Chapter 1Content of orders
Compulsory acquisition
I1I2134Notice of authorisation of compulsory acquisition
1
This section applies if—
a
an order is made granting development consent, and
b
the order includes provision authorising the compulsory acquisition of land.
2
In this section —
“the order land” means—
- a
in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, the land over which the right is to be exercisable;
- b
in any other case where the order granting development consent authorises the compulsory acquisition of land, the land authorised to be compulsorily acquired;
- a
“the prospective purchaser” means—
- a
in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, the person for whose benefit the order authorises the creation of the right;
- b
in any other case where the order granting development consent authorises the compulsory acquisition of land, the person authorised by the order to compulsorily acquire the land.
- a
3
After the order has been made, the prospective purchaser must—
F2za
make a copy of the order available, at a place in the vicinity of the land, for inspection by the public at all reasonable hours,
a
serve a compulsory acquisition notice F3... on each person to whom subsection (4) applies, and
b
affix a compulsory acquisition notice to a conspicuous object or objects on or near the order land.
4
This subsection applies to any person who, if the order granting development consent were a compulsory purchase order, would be a qualifying person for the purposes of section 12(1) of the Acquisition of Land Act 1981 (c. 67) (notice to owners, lessees and occupiers).
5
A compulsory acquisition notice which is affixed under subsection (3)(b) must—
a
be addressed to persons occupying or having an interest in the order land, and
b
so far as practicable, be kept in place by the prospective purchaser until the end of the period of 6 weeks beginning with the date on which the order is published.
6
The prospective purchaser must also publish a compulsory acquisition notice in one or more local newspapers circulating in the locality in which the order land is situated.
7
A compulsory acquisition notice is a notice in the prescribed form—
a
describing the order land,
b
in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, describing the right,
c
stating that the order granting development consent includes provision authorising the compulsory acquisition of a right over the land by the creation of a right over it or (as the case may be) the compulsory acquisition of the land,
F1ca
stating where and when a copy of the order is available for inspection in accordance with subsection (3)(za), and
d
stating that a person aggrieved by the order may challenge the order only in accordance with section 118.
F48
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