Neighbourhood Planning Act 2017

18Power to take temporary possession of land

This section has no associated Explanatory Notes

(1)Subsection (2) applies where a person (an “acquiring authority”)—

(a)has a power conferred by an Act to acquire land compulsorily (with or without authorisation from another person), or

(b)is or has been, at any time, otherwise authorised to acquire land compulsorily.

(2)The acquiring authority may, for purposes connected with the purposes for which it could acquire land compulsorily, take temporary possession of land—

(a)by agreement, or

(b)compulsorily, if authorised to do so in accordance with section 19.

(3)Subject to any express provision in another Act, the power in subsection (2) is the only power under which a person may take temporary possession of land compulsorily.

(4)For the purposes of this Chapter references to acquiring land include references to acquiring a right over land by creation.