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PART 7E+WCompulsory purchase etc

Modifications etc. (not altering text)

C1Pts. 6, 7: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

Power to override easements and other rightsE+W

203Power to override easements and other rightsE+W

(1)A person may carry out building or maintenance work to which this subsection applies even if it involves—

(a)interfering with a relevant right or interest, or

(b)breaching

[F1(i)]a restriction as to the user of land arising by virtue of a contract [F2, or

(ii)an obligation under a conservation covenant.]

(2)Subsection (1) applies to building or maintenance work where—

(a)there is planning consent for the building or maintenance work,

(b)the work is carried out on land that has at any time on or after [F3the relevant day] —

(i)become vested in or acquired by a specified authority [F4or a specified company acting on behalf of a specified authority], or

(ii)been appropriated by a local authority for planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990,

(c)the authority could acquire the land compulsorily for the purposes of the building or maintenance work, and

(d)the building or maintenance work is for purposes related to the purposes for which the land was vested, acquired or appropriated as mentioned in paragraph (b).

(3)Subsection (1) also applies to building or maintenance work where—

(a)there is planning consent for the building or maintenance work,

(b)the work is carried out on other qualifying land,

(c)the qualifying authority in relation to the land could acquire the land compulsorily for the purposes of the building or maintenance work, and

(d)the building or maintenance work is for purposes related to the purposes for which the land was vested in, or acquired or appropriated by, the qualifying authority in relation to the land.

(4)A person may use land in a case to which this subsection applies even if the use involves—

(a)interfering with a relevant right or interest, or

(b)breaching

[F5(i)]a restriction as to the user of land arising by virtue of a contract [F6, or

(ii)an obligation under a conservation covenant.]

(5)Subsection (4) applies to the use of land in a case where—

(a)there is planning consent for that use of the land,

(b)the land has at any time on or after [F7the relevant day] —

(i)become vested in or acquired by a specified authority [F8or a specified company acting on behalf of a specified authority] , or

(ii)been appropriated by a local authority for planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990,

(c)the authority could acquire the land compulsorily for the purposes of erecting or constructing any building, or carrying out any works, for that use, and

(d)the use is for purposes related to the purposes for which the land was vested, acquired or appropriated as mentioned in paragraph (b).

(6)Subsection (4) also applies to the use of land in a case where—

(a)there is planning consent for that use of the land,

(b)the land is other qualifying land, and

(c)the qualifying authority in relation to the land could acquire the land compulsorily for the purposes of erecting or constructing any building, or carrying out any works, for that use, and

(d)the use is for purposes related to the purposes for which the land was vested in, or acquired or appropriated by, the qualifying authority in relation to the land.

(7)Land currently owned by a specified authority is to be treated for the purposes of subsection (2)(c) or (5)(c) as if it were not currently owned by the authority.

(8)Land currently owned by a qualifying authority is to be treated for the purposes of subsection (3)(c) or (6)(c) as if it were not currently owned by the authority.

(9)Nothing in this section authorises an interference with—

(a)a right of way on, under or over land that is a protected right, or

(b)a right of laying down, erecting, continuing or maintaining apparatus on, under or over land if it is a protected right.

(10)Nothing in this section authorises—

(a)an interference with a relevant right or interest annexed to land belonging to the National Trust which is held by the National Trust inalienably, F9...

(b)a breach of a restriction as to the user of land which does not belong to the National Trust—

(i)arising by virtue of a contract to which the National Trust is a party, or

(ii)benefiting land which does belong to the National Trust [F10, or

(c)a breach of an obligation under a conservation covenant owed to the National Trust.]

(11)For the purposes of subsection (10)—

(a)“National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907, and

(b)land is held by the National Trust “inalienably” if it is inalienable under section 21 of the National Trust Act 1907 or section 8 of the National Trust Act 1939.

Textual Amendments

F1Words in s. 203(1)(b) renumbered as s. 203(1)(b)(i) (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 5(2)(a) (with s. 144); S.I. 2022/48, reg. 5(d)

F3Words in s. 203(2)(b) substituted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 37(2)(a), 46(1); S.I. 2017/767, reg. 2(i)

F4Words in s. 203(2)(b)(i) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 37(2)(b), 46(1); S.I. 2017/767, reg. 2(i)

F5Words in s. 203(4)(b) renumbered as s. 203(4)(b)(i) (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 5(2)(a) (with s. 144); S.I. 2022/48, reg. 5(d)

F7Words in s. 203(5)(b) substituted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 37(2)(c), 46(1); S.I. 2017/767, reg. 2(i)

F8Words in s. 203(5)(b)(i) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 37(2)(d), 46(1); S.I. 2017/767, reg. 2(i)

Modifications etc. (not altering text)

Commencement Information

I1S. 203 in force at 13.7.2016 by S.I. 2016/733, reg. 3(m)

204Compensation for overridden easements etcE+W

(1)A person is liable to pay compensation for any interference with a relevant right or interest or breach of a restriction that is authorised by section 203 [F11(1)(a) or (b)(i) or (4)(a) or (b)(i)].

[F12(1A)But a person is not liable to pay compensation under this section for breaching an obligation under a conservation covenant.]

(2)The compensation is to be calculated on the same basis as compensation payable under sections 7 and 10 of the Compulsory Purchase Act 1965.

(3)Where a person other than a specified or qualifying authority is liable to pay compensation under this section but has not paid—

(a)the liability is enforceable against the authority, but

(b)the authority may recover from that person any amount it pays out.

[F13(4)The authority against which a liability is enforceable by virtue of subsection (3)(a) is—

(a)where the land to which the compensation relates was vested in or acquired by a company through which the Greater London Authority exercises or has exercised functions in relation to housing or regeneration, the Greater London Authority,

(b)where the land was vested in or acquired by a company through which Transport for London exercises or has exercised any of its functions, Transport for London, or

(c)in all other cases, the specified or qualifying authority in which the land was vested, or by which the land was acquired or appropriated.]

(5)Any dispute about compensation payable under this section may be referred to and determined by the Upper Tribunal.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2S. 204 in force at 13.7.2016 by S.I. 2016/733, reg. 3(m)

205Interpretation of sections 203 and 204E+W

(1)In sections 203 and 204—

(2)The Secretary of State may by regulations amend the definition of “specified authority” in subsection (1).

Textual Amendments

F17Words in s. 205(1) substituted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 10 para. 11 (with s. 247)

Commencement Information

I3S. 205 in force at 13.7.2016 by S.I. 2016/733, reg. 3(m)

206Amendments to do with sections 203 and 204E+W

Schedule 19 gets rid of legislation replaced by sections 203 and 204.

Commencement Information

I4S. 206 in force at 13.7.2016 by S.I. 2016/733, reg. 3(m)