225E Applying section 225C to statutory undertakers' operational land
(1) Subsection (2) and (3) apply where the local planning authority serves a notice under section 225C(2) requiring a statutory undertaker to carry out measures in respect of the display of unauthorised advertisements on a surface on its operational land.
(2) The statutory undertaker may, within 28 days beginning with the date of service of the notice, serve a counter-notice on the local planning authority specifying alternative measures which will in the statutory undertaker's reasonable opinion have the effect of preventing or reducing the frequency of the display of unauthorised advertisements on the surface to at least the same extent as the measures specified in the notice.
(3) Where a counter-notice is served under subsection (2), the notice under section 225C(2) is to be treated—
(a) as requiring the alternative measures specified in the counter-notice to be carried out (instead of the measures actually required by the notice under section 225C(2)); and
(b) as having been served on the date on which the counter-notice is served.
(4) The time by which a statutory undertaker must carry out the measures specified in a counter-notice served under subsection (2) may be postponed by the local planning authority.
(1) Subsections (2) and (3) apply if—
(a) premises in England include a surface that is readily visible from a place to which the public have access;
(b) either—
(i) the surface does not form part of the operational land of a statutory undertaker, or
(ii) the surface forms part of the operational land of a statutory undertaker and subsection (11) applies to the surface;
(c) there is a sign on the surface; and
(d) the local planning authority consider the sign to be detrimental to the amenity of the area or offensive.
(2) The local planning authority may serve on the occupier of the premises a notice requiring the occupier to remove or obliterate the sign by a time specified in the notice.
(3) If it appears to the local planning authority that there is no occupier of the premises, the local planning authority may fix to the surface a notice requiring the owner or occupier of the premises to remove or obliterate the sign by a time specified in the notice.
(4) A time specified under subsection (2) or (3) may not be earlier than the end of 15 days beginning the date of service or fixing of the notice.
(5) Subsection (6) applies if—
(a) a notice is served under subsection (2) or fixed under subsection (3); and
(b) the sign is neither removed nor obliterated by the time specified in the notice.
(6) The local planning authority may—
(a) remove or obliterate the sign; and
(b) recover expenses reasonably incurred by the local planning authority in doing that from the person required by the notice to do it.
(7) Power under subsection (6)(a) is subject to the right of appeal under section 225I.
(8) Expenses may not be recovered under subsection (6)(b) if the surface—
(a) forms part of a flat or a dwellinghouse;
(b) is within the curtilage of a dwellinghouse; or
(c) forms part of the boundary of the curtilage of a dwellinghouse.
(9) Section 291 of the Public Health Act 1936 (provision for expenses to be recoverable also from owner's successor or from occupier and to be charged on premises concerned) applies as if the reference in that section to that Act included a reference to this section.
(10) For the purposes of this section, a universal postal service provider is treated as being the occupier of any plant or apparatus that consists of a universal postal service letter box or a universal postal service pouch-box belonging to it.
(11) This subsection applies to a surface if the surface abuts on, or is one to which access is given directly from, either—
(a) a street; or
(b) any place, other than a street, to which the public have access as of right.
(12) In this section—
“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;
“flat” means a separate and self-contained set of premises constructed or adapted for use as a dwelling and forming part of a building from some other part of which it is divided horizontally;
“premises” means building, wall, fence or other structure or erection, or apparatus or plant;
“sign”—
includes any writing, letter, picture, device or representation, but
does not include an advertisement;
“statutory undertaker” does not include a relevant airport operator (within the meaning of Part 5 of the Airports Act 1986);
“street” includes any highway, any bridge carrying a highway and any road, lane, mews, footway, square, court, alley or passage, whether a thoroughfare or not;
“universal postal service letter box” has the meaning given in section 86(4) of the Postal Services Act 2000;
“universal postal service pouch-box” has the meaning given in paragraph 1(10) of Schedule 6 to that Act.
225G Notices under section 225F in respect of post boxes
(1) The local planning authority may serve a notice under section 225F(2) on a universal postal service provider in respect of a universal postal service letter box, or universal postal service pouch-box, belonging to the provider only if—
(a) the authority has served on the provider written notice of the authority's intention to do so; and
(b) the period of 28 days beginning with the date of service of that notice has ended.
(2) In this section—
“universal postal service letter box” has the meaning given in section 86(4) of the Postal Services Act 2000;
“universal postal service pouch-box” has the meaning given in paragraph 1(10) of Schedule 6 to that Act.
225H Section 225F powers as respects bus shelters and other street furniture
(1) The local planning authority may exercise the power conferred by section 225F(6)(a) to remove or obliterate a sign from any surface on a bus shelter, or other street furniture, of a statutory undertaker that is not situated on operational land of the statutory undertaker only if—
(a) the authority has served on the statutory undertaker notice of the authority's intention to do so;
(b) the notice specified the bus shelter, or other street furniture, concerned; and
(c) the period of 28 days beginning with the date of service of the notice has ended.
(2) In this section “statutory undertaker” does not include an airport operator (within the meaning of Part 5 of the Airports Act 1986).
225I Right to appeal against notice under section 225F
(1) A person on whom notice has been served under section 225F(2) may appeal to a magistrates' court on any of the following grounds—
(a) that the sign concerned is neither detrimental to the amenity of the area nor offensive;
(b) that there has been some informality, defect or error in, or in connection with, the notice;
(c) that the time within which the sign concerned is to be removed or obliterated is not reasonably sufficient for the purpose;
(d) that the notice should have been served on another person.
(2) The occupier or owner of premises which include a surface to which a notice has been fixed under section 225F(3) may appeal to a magistrates' court on any of the following grounds—
(a) that the sign concerned is neither detrimental to the amenity of the area nor offensive;
(b) that there has been some informality, defect or error in, or in connection with, the notice;
(c) that the time within which the sign concerned is to be removed or obliterated is not reasonably sufficient for the purpose.
(3) So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
(4) If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the notice under section 225F(2) should have been served.
(5) If—
(a) notice under section 225F(2) is served on a person, and
(b) the local planning authority bring proceedings against the person for the recovery under section 225F(6)(b) of any expenses,
it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).
225J Remedying defacement at owner or occupier's request
(1) Subsection (2) applies if—
(a) premises in England include a surface that is readily visible from a place to which the public have access;
(b) there is a sign on the surface; and
(c) the owner or occupier of the premises asks the local planning authority to remove or obliterate the sign.
(2) The local planning authority may—
(a) remove or obliterate the sign; and
(b) recover expenses reasonably incurred by the local planning authority in doing that from the person who asked the local planning authority to do it.
(3) In this section “premises” means building, wall, fence or other structure or erection, or apparatus or plant.
(4) In this section “sign”—
(a) includes—
(i) any writing, letter, picture, device or representation, and
(ii) any advertisement, but
(b) does not include an advertisement for the display of which deemed or express consent has been granted under Chapter 3.
225K Action under sections 225A, 225C and 225F: operational land
(1) This section applies in relation to the exercise by the local planning authority of—
(a) power conferred by section 225A(1), or section 324(3) so far as applying for the purposes of section 225A(1), to—
(i) enter on any operational land of a statutory undertaker, or
(ii) remove a display structure situated on operational land of a statutory undertaker;
(b) power conferred by section 225C(10)(a), or section 324(3) so far as applying for the purposes of section 225C(10)(a), to—
(i) enter on any operational land of a statutory undertaker, or
(ii) carry out any measures to prevent or reduce the frequency of the display of unauthorised advertisements on a surface on operational land of a statutory undertaker; or
(c) power conferred by section 225F(6)(a), or section 324(3) so far as applying for the purposes of section 225F(6)(a), to—
(i) enter on any operational land of a statutory undertaker, or
(ii) remove or obliterate a sign on a surface of premises that are, or are on, operational land of a statutory undertaker.
(2) The authority may exercise the power only if—
(a) the authority has served on the statutory undertaker notice of the authority's intention to do so;
(b) the notice specified the display structure, surface or sign concerned and its location; and
(c) the period of 28 days beginning with the date of service of the notice has ended.
(3) If—
(a) a notice under subsection (2) is served on a statutory undertaker, and
(b) within 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority specifying conditions subject to which the power is to be exercised,
the power may only be exercised subject to, and in accordance with, the conditions specified in the counter-notice.
(4) The conditions which may be specified in a counter-notice under subsection (3) are conditions which are—
(a) necessary or expedient in the interests of safety or the efficient and economic operation of the undertaking concerned; or
(b) for the protection of any works, apparatus or other property not vested in the statutory undertaker which are lawfully present on, in, under or over the land upon which entry is proposed to be made.
(5) If—
(a) a notice under subsection (2) is served on a statutory undertaker, and
(b) within 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority requiring the local planning authority to refrain from exercising the power,
the power may not be exercised.
(6) A counter-notice under subsection (5) may be served only if the statutory undertaker has reasonable grounds to believe, for reasons connected with the operation of its undertaking, that the power cannot be exercised under the circumstances in question—
(a) without risk to the safety of any person; or
(b) without unreasonable risk to the efficient and economic operation of the statutory undertaker's undertaking.
(7) In this section “statutory undertaker” does not include an airport operator (within the meaning of Part 5 of the Airports Act 1986).
226 Compulsory acquisition of land for development and other planning purposes.
(1) A local authority or strategic authority to whom this section applies shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily any land in their area ... —
(a) if the authority think that the acquisition will facilitate the carrying out of development, re-development or improvement on or in relation to the land,
(b) which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.
(1A) But a local authority or strategic authority must not exercise the power under paragraph (a) of subsection (1) unless they think that the development, re-development or improvement is likely to contribute to the achievement of any one or more of the following objects—
(a) the promotion or improvement of the economic well-being of their area;
(b) the promotion or improvement of the social well-being of their area;
(c) the promotion or improvement of the environmental well-being of their area.
(1B) In the application of subsections (1) and (1A) in England, “improvement” includes regeneration.
(1C) Section 226A makes provision about the exercise of the function conferred by subsection (1) on combined authorities and CCAs.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) The Secretary of State must not authorise the acquisition of any interest in Crown land unless—
(a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and
(b) the appropriate authority consents to the acquisition.
(3) Where a local authority or strategic authority exercise their power under subsection (1) in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—
(a) any land adjoining that land which is required for the purpose of executing works for facilitating its development or use; or
(b) where that land forms part of a common or open space or fuel or field garden allotment, any land which is required for the purpose of being given in exchange for the land which is being acquired.
(4) It is immaterial by whom the local authority or strategic authority propose that any activity or purpose mentioned in subsection (1) or (3)(a) should be undertaken or achieved (and in particular the local authority need not propose to undertake an activity or to achieve that purpose themselves).
(5) Where under subsection (1) the Secretary of State has power to authorise a local authority or strategic authority to whom this section applies to acquire any land compulsorily he may, after the requisite consultation, authorise the land to be so acquired by another authority, being a local authority within the meaning of this Act or strategic authority to whom this section applies.
(6) Before giving an authorisation under subsection (5), the Secretary of State shall—
(a) if the land is in a non-metropolitan county in England, consult with the councils of the county and the district;
(b) if the land is in a metropolitan district, consult with the council of the district;
(bb) if the land is in Wales, consult with the council of the county or county borough; ...
(c) if the land is in a London borough, consult with the council of the borough;
(d) if the land is in the area of a strategic authority to whom this section applies, consult with that strategic authority (in addition to any other consultation required by this subsection).
(7) The Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land under this section.
(8) The local authorities to whom this section applies are the councils of counties, county boroughs, districts and London boroughs.
(8A) In this section “strategic authority to whom this section applies” means a combined authority or CCA.
(9) Crown land must be construed in accordance with Part 13.
226A Compulsory acquisition of land by combined authorities and CCAs
(1) In the case of a mayoral combined authority, before exercising the compulsory acquisition function the combined authority must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) the constituent councils;
(b) any National Park authority;
(c) the Broads Authority.
(2) In the case of a mayoral CCA, before exercising the compulsory acquisition function the CCA must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) the constituent councils;
(b) any district council within the area of the CCA that is not a constituent council;
(c) any National Park authority;
(d) the Broads Authority.
(3) In the case of a non-mayoral combined authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) the constituent councils;
(b) any National Park authority;
(c) the Broads Authority;
and consent of a constituent council must be given at a meeting of the combined authority.
(4) In the case of a non-mayoral CCA, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) the constituent councils;
(b) any district council within the area of the CCA that is not a constituent council;
(c) any National Park authority;
(d) the Broads Authority;
and consent of a constituent council must be given at a meeting of the CCA.
(5) In this section “compulsory acquisition function” means the function conferred by section 226(1).
(1) The council of any county, county borough, district or London borough or any combined authority or CCA may acquire by agreement any land which they require for any purpose for which a local authority or combined authority or CCA may be authorised to acquire land under section 226.
(2) The provisions of Part 1 of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, section 10 and section 31, shall apply in relation to the acquisition of land under this section.
228 Compulsory acquisition of land by the Secretary of State for Housing, Communities and Local Government .
(1) The Secretary of State for Housing, Communities and Local Government may acquire compulsorily—
(a) any land necessary for the public service; and
(b) any land which it is proposed to use not only for the public service but also—
(i) to meet the interests of proper planning of the area, or
(ii) to secure the best or most economic development or use of the land,
otherwise than for the public service.
(1A) But subsection (1) does not permit the acquisition of any interest in Crown land unless—
(a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and
(b) the appropriate authority consents to the acquisition.
(2) Where the Secretary of State has acquired or proposes to acquire any land under subsection (1) (“the primary land”) and in his opinion other land ought to be acquired together with the primary land—
(a) in the interests of the proper planning of the area concerned; or
(b) for the purpose of ensuring that the primary land can be used, or developed and used, (together with that other land) in what appears to him to be the best or most economic way; or
(c) where the primary land or any land acquired, or which he proposes to acquire, by virtue of paragraph (a) or (b) of this subsection or of section 122(1)(a) or (b) of the Local Government, Planning and Land Act 1980, forms part of a common, open space or fuel or field garden allotment, for the purpose of being given in exchange for that land,
he may compulsorily acquire that other land.
(3) Subject to subsection (4), the power of acquiring land compulsorily under this section shall include power to acquire an easement or other right over land by the grant of a new right.
(4) Subsection (3) shall not apply to an easement or other right over any land which would for the purposes of the Acquisition of Land Act 1981 form part of a common, open space or fuel or field garden allotment.
(5) References in this section to the public service include the service in the United Kingdom—
(a) of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become a member;
(b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);
(c) of a foreign sovereign Power or the Government of such a Power.
(6) For the purposes of subsection (5)(b) “treaty” includes any international agreement and any protocol or annex to a treaty or international agreement.
(7) The Acquisition of Land Act 1981 shall apply to any compulsory acquisition by the Secretary of State for Housing, Communities and Local Government under this section.
(8) Crown land must be construed in accordance with Part 13.
229 Appropriation of land forming part of common, etc.
(1) Any local authority or non-mayoral combined authority or non-mayoral CCA may be authorised, by an order made by that authority and confirmed by the Secretary of State, to appropriate for any purpose for which that authority can be authorised to acquire land under any enactment any land to which this subsection applies which is for the time being held by them for other purposes.
(2) Subsection (1) applies to land which is or forms part of a common or fuel or field garden allotment (including any such land which is specially regulated by any enactment, whether public general or local or private), other than land which is Green Belt land within the meaning of the Green Belt (London and Home Counties) Act 1938.
(3) Section 19 of the Acquisition of Land Act 1981 (special provision with respect to compulsory purchase orders under that Act relating to land forming part of a common, open space or fuel or field garden allotment) shall apply to an order under this section authorising the appropriation of land as it applies to a compulsory purchase order under that Act.
(4) Where land appropriated under this section was acquired under an enactment incorporating the Lands Clauses Acts, any works executed on the land after the appropriation has been effected shall, for the purposes of section 68 of the Lands Clauses Consolidation Act 1845 and section 10 of the Compulsory Purchase Act 1965, be deemed to have been authorised by the enactment under which the land was acquired.
(5) On an appropriation of land by a local authority or non-mayoral combined authority or non-mayoral CCA under this section, where—
(a) the authority is not an authority to whom Part II of the 1959 Act applies;
(b) the land was immediately before the appropriation held by the authority for the purposes of a grant-aided function (within the meaning of that Act); or
(c) the land is appropriated by the authority for the purposes of such a function,
such adjustments shall be made in the accounts of the local authority as the Secretary of State may direct.
(6) On an appropriation under this section which does not fall within subsection (5), such adjustment of accounts shall be made as is required by section 24(1) of the 1959 Act.
(1) Without prejudice to the generality of the powers conferred by sections 226 and 227, any power of a local authority to acquire land under those sections, whether compulsorily or by agreement, shall include power to acquire land required for giving in exchange—
(a) for land appropriated under section 229; or
(b) for Green Belt land appropriated in accordance with the Green Belt (London and Home Counties) Act 1938 for any purpose specified in a development plan.
(1A) Without prejudice to the generality of the powers conferred by sections 226 and 227, any power of a combined authority or CCA to acquire land under those sections, whether compulsorily or by agreement, shall include power to acquire land required for giving in exchange for land appropriated under section 229.
(2) In subsection (1) “Green Belt land” has the same meaning as in that Act.
231 Power of Secretary of State to require acquisition or development of land.
(1) If the Secretary of State is satisfied after holding a local inquiry that the council of a county, county borough , or a combined authority or CCA,, district or London borough have failed to take steps for the acquisition of any land which in his opinion ought to be acquired by them under section 226 . . ., he may by order require the council or combined authority or CCA to take such steps as may be specified in the order for acquiring the land.
(2) If the Secretary of State is satisfied after holding a local inquiry that a local authority or a non-mayoral combined authority or non-mayoral CCA have failed to carry out, on land acquired by them under section 226 (or section 68 of the 1962 Act or section 112 of the 1971 Act) or appropriated by them under section 229 (or section 121 of the 1971 Act), any development which in his opinion ought to be carried out, he may by order require the authority to take such steps as may be specified in the order for carrying out the development.
(3) An order under this section shall be enforceable on the application of the Secretary of State by mandamus.
232 Appropriation of land held for planning purposes.
(1) Where any land has been acquired or appropriated by a local authority or a non-mayoral combined authority or non-mayoral CCA for planning purposes and is for the time being held by them for the purposes for which it was so acquired or appropriated, the authority may appropriate the land for any purpose for which they are or may be authorised in any capacity to acquire land by virtue of or under any enactment not contained in this Part or in Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023.
(2) Land which consists or forms part of a common, or formerly consisted or formed part of a common, and is held or managed by a local authority or a non-mayoral combined authority or non-mayoral CCA in accordance with a local Act shall not be appropriated under this section without the consent of the Secretary of State.
(3) Such consent may be given—
(a) either in respect of a particular appropriation or in respect of appropriations of any class, and
(b) either subject to or free from any conditions or limitations.
(4) Before appropriating under this section any land which consists of or forms part of an open space, a local authority or a non-mayoral combined authority or non-mayoral CCA—
(a) shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and
(b) shall consider any objections to the proposed appropriation which may be made to them.
(5) In relation to any appropriation under this section—
(a) subsection (4) of section 122 of the Local Government Act 1972 (which relates to the operation of section 68 of the Lands Clauses Consolidation Act 1845 and section 10 of the Compulsory Purchase Act 1965) shall have effect as it has effect in relation to appropriations under section 122 of that Act of 1972; and
(b) subsections (5) and (6) of section 229 of this Act shall have effect as they have effect in relation to appropriations under that section.
(6) In relation to any such land as is mentioned in subsection (1), this section shall have effect to the exclusion of the provisions of section 122(1) of the Local Government Act 1972.
233 Disposal by local or strategic authorities of land held for planning purposes.
(1) Where any land has been acquired or appropriated by a local authority or a non-mayoral combined authority or non-mayoral CCA for planning purposes and is for the time being held by them for the purposes for which it was so acquired or appropriated, the authority may dispose of the land to such person, in such manner and subject to such conditions as appear to them to be expedient in order—
(a) to secure the best use of that or other land and any buildings or works which have been, or are to be, erected, constructed or carried out on it (whether by themselves or by any other person), or
(b) to secure the erection, construction or carrying out on it of any buildings or works appearing to them to be needed for the proper planning of the area of the authority.
(2) Land which consists of or forms part of a common, or formerly consisted or formed part of a common, and is held or managed by a local authority or a non-mayoral combined authority or non-mayoral CCA in accordance with a local Act shall not be disposed of under this section without the consent of the Secretary of State.
(3) The consent of the Secretary of State is also required where the disposal is to be for a consideration less than the best that can reasonably be obtained and is not—
(a) the grant of a term of seven years or less; or
(b) the assignment of a term of years of which seven years or less are unexpired at the date of the assignment.
(3A) The Secretary of State may give consent under subsection (3)—
(a) in relation to any particular disposal or disposals, or in relation to a particular class of disposals,
(b) in relation to local authorities generally, or local authorities of a particular class, or to any particular local authority or authorities, ...
(ba) in relation to combined authorities or CCAs generally, or combined authorities or CCAs of a particular class, or to any particular combined authority or authorities or CCA or CCAs, and
(c) either unconditionally or subject to conditions (either generally, or in relation to any particular disposal or disposals or class of disposals).
(4) Before disposing under this section of any land which consists of or forms part of an open space, a local authority or a non-mayoral combined authority or non-mayoral CCA—
(a) shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and
(b) shall consider any objections to the proposed disposal which may be made to them.
(5) In relation to land acquired or appropriated for planning purposes for a reason mentioned in section 226(1)(a) or (3) the powers conferred by this section on a local authority or a non-mayoral combined authority or non-mayoral CCA, and on the Secretary of State in respect of the giving of consent to disposals under this section, shall be so exercised as to secure to relevant occupiers, so far as may be practicable, a suitable opportunity for accommodation.
(6) A person is a relevant occupier for the purposes of subsection (5) if—
(a) he was living or carrying on business or other activities on any such land as is mentioned in that subsection which the authority have acquired as mentioned in subsection (1),
(b) he desires to obtain accommodation on such land, and
(c) he is willing to comply with any requirements of the authority as to the development and use of such land;
and in this subsection “development” includes redevelopment.
(7) In subsection (5) a suitable opportunity for accommodation means, in relation to any person, an opportunity to obtain accommodation on the land in question which is suitable to his reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from him.
(8) In relation to any such land as is mentioned in subsection (1), this section shall have effect to the exclusion of section 123 of the Local Government Act 1972 (disposal of land by principal councils).
(9) Section 128(2) of the Local Government Act 1972 (which already gives protection to purchasers etc in respect of certain land transactions, including disposals under this section by certain authorities) applies in relation to every disposal of land under this section by a local authority for an area in England or by a non-mayoral combined authority or non-mayoral CCA; and section 29 of the Town and Country Planning Act 1959 does not apply in relation to such a disposal.
234 Disposal by Secretary of State of land acquired under s. 228.
(1) The Secretary of State may dispose of land held by him and acquired by him or any other Minister under section 228 to such person, in such manner and subject to such conditions as appear to him expedient.
(2) In particular, the Secretary of State may under subsection (1) dispose of land held by him for any purpose in order to secure its use for that purpose.
235 Development of land held for planning purposes.
(1) A local authority or a non-mayoral combined authority or non-mayoral CCA may—
(a) erect, construct or carry out on any land to which this section applies any building or work other than a building or work for the erection, construction or carrying out of which, whether by that authority or by any other person, statutory power exists by virtue of, or could be conferred under, an alternative enactment; and
(b) repair, maintain and insure any buildings or works on such land and generally deal with such land in a proper course of management.
(2) This section applies to any land which—
(a) has been acquired or appropriated by a local authority or a non-mayoral combined authority or non-mayoral CCA for planning purposes, and
(b) is for the time being held by the authority for the purposes for which it was so acquired or appropriated.
(3) A local authority or a non-mayoral combined authority or non-mayoral CCA may exercise the powers conferred by subsection (1) notwithstanding any limitation imposed by law on their capacity by virtue of their constitution.
(4) A local authority or a non-mayoral combined authority or non-mayoral CCA may enter into arrangements with an authorised association for the carrying out by the association of any operation which, apart from the arrangements, the authority would have power under this section to carry out, on such terms (including terms as to the making of payments or loans by the authority to the association) as may be specified in the arrangements.
(5) Nothing in this section shall be construed—
(a) as authorising any act or omission on the part of a local authority or a non-mayoral combined authority or non-mayoral CCA which is actionable at the suit of any person on any grounds other than such a limitation as is mentioned in subsection (3); or
(b) as authorising an authorised association to carry out any operation which they would not have power to carry out apart from subsection (4).
(6) In this section—
“alternative enactment” means any enactment which is not contained in this Part, in section 2, 5 or 6 of the Local Authorities (Land) Act 1963, in section 14(1) or (4) or 17(3) of the Industrial Development Act 1982 or in Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023; and
“authorised association” means any society, company or body of persons—
(a) whose objects include the promotion, formation or management of garden cities, garden suburbs or garden villages and the erection, improvement or management of buildings for the working classes and others, and
(b) which does not trade for profit or whose constitution forbids the issue of any share or loan capital with interest or dividend exceeding the rate for the time being fixed by the Treasury.
236 Extinguishment of rights over land compulsorily acquired.
(1) Subject to the provisions of this section, upon the completion of a compulsory acquisition of land under section 226, 228 or 230—
(a) all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and
(b) any such apparatus shall vest in the acquiring authority.
(2) Subsection (1) shall not apply—
(a) to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking, or
(b) to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network , or
(c) to any electronic communications apparatus kept installed for the purposes of any such network.
(3) In respect of any right or apparatus not falling within subsection (2), subsection (1) shall have effect subject—
(a) to any direction given by the acquiring authority before the completion of the acquisition that subsection (1) shall not apply to any right or apparatus specified in the direction; and
(b) to any agreement which may be made (whether before or after the completion of the acquisition) between the acquiring authority and the person in or to whom the right or apparatus in question is vested or belongs.
(4) Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this section shall be entitled to compensation from the acquiring authority.
(5) Any compensation payable under this section shall be determined in accordance with the Land Compensation Act 1961.
(1) Notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land, any such land, which has been the subject of a relevant acquisition or appropriation, may subject to the following provisions of this section—
(a) if it has been acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land; and
(b) in any other case, be used by any person in any manner in accordance with planning permission.
(2) Subsection (1) applies whether or not the land includes a building but it does not apply to land which consists of or forms part of a burial ground.
(3) Any use of consecrated land authorised by subsection (1) shall be subject—
(a) to compliance with the prescribed requirements with respect—
(i) to the removal and reinterment of any human remains, and
(ii) to the disposal of monuments and fixtures and furnishings; and
(b) to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part of it, remains on the land.
(4) Any use of land other than consecrated land which—
(a) has been the subject of a relevant acquisition or appropriation, and
(b) at the time of acquisition or appropriation included a church or other building used or formerly used for religious worship or the site of such a church or building,
shall be subject to compliance with such requirements as are mentioned in subsection (3)(a).
(5) Any regulations made for the purposes of subsection (3) or (4)—
(a) shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the same control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;
(b) shall contain such requirements relating to the disposal of any such land as is mentioned in subsection (3) or (4) as appear to the Secretary of State requisite for securing that the provisions of those subsections are complied with in relation to the use of the land; and
(c) may in particular by virtue of section 333(2B) include provision as to the closing of registers.
(6) Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in subsection (1).
(1) Notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of them, any land consisting of a burial ground or part of a burial ground, which has been the subject of a relevant acquisition or appropriation, may—
(a) if it has been acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land; and
(b) in any other case, be used by any person in any manner in accordance with planning permission.
(2) This section does not apply to land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains, and the disposal of monuments, in or upon the land have been complied with.
(3) Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment, obligation or restriction as is mentioned in subsection (1).
(1) Provision shall be made by any regulations made for the purposes of sections 238(3) and (4) and 239(2)—
(a) for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments;
(b) for enabling the personal representatives or relatives of any deceased person themselves to undertake—
(i) the removal and reinterment of the remains of the deceased, and
(ii) the disposal of any monument commemorating the deceased,
and for requiring the persons in whom the land is vested to defray the expenses of such removal, reinterment and disposal (not exceeding such amount as may be prescribed);
(c) for requiring compliance—
(i) with such reasonable conditions (if any) as may be imposed in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal and the place and manner of reinterment of any human remains and the disposal of any monuments, and
(ii) with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains.
(2) Subject to the provisions of any such regulations, no faculty is required—
(a) for the removal and reinterment in accordance with the regulations of any human remains, or
(b) for the removal or disposal of any monuments,
and section 25 of the Burial Act 1857 (prohibition of removal of human remains without the licence of the Secretary of State except in certain cases) does not apply to a removal carried out in accordance with the regulations.
(3) In sections 238 and 239 and this section—
“burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment,
“monument” includes a tombstone or other memorial, and
“relevant acquisition or appropriation” means an acquisition made by a Minister, a local authority or statutory undertakers under this Part or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or compulsorily under any other enactment, or an appropriation by a local authority for planning purposes.
(4) In sections 238 and 239 “relevant acquisition or appropriation” also includes an acquisition made by a combined authority or CCA under this Part or compulsorily under any other enactment, or an appropriation by a combined authority or CCA for planning purposes.
(1) Notwithstanding anything in any enactment relating to land which is or forms part of a common, open space or fuel or field garden allotment or in any enactment by which the land is specially regulated, such land which has been acquired by a Minister, a local authority , a combined authority or CCA or statutory undertakers under this Part or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or compulsorily under any other enactment, or which has been appropriated by a local authority or a combined authority or CCA for planning purposes—
(a) if it has been acquired by a Minister, may be used in any manner by him or on his behalf for any purpose for which he acquired the land; and
(b) in any other case, may be used by any person in any manner in accordance with planning permission.
(2) Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment as is mentioned in subsection (1).
If the Secretary of State certifies that possession of a house which—
(a) has been acquired or appropriated by a local authority or a non-mayoral combined authority or non-mayoral CCA for planning purposes, and
(b) is for the time being held by the authority for the purposes for which it was acquired or appropriated,
is immediately required for those purposes, nothing in the Rent Act 1977 or Part I of the Housing Act 1988 shall prevent the acquiring or appropriating authority from obtaining possession of the house.
243 Constitution of joint body to hold land for planning purposes.
(1) If it appears to the Secretary of State, after consultation with the authorities concerned, to be expedient that any land acquired by a local authority, or non-mayoral combined authority or non-mayoral CCA, for planning purposes; should be held by a joint body, consisting of representatives of that authority and of any other local authority, non-mayoral combined authority or non-mayoral CCA, he may by order provide for the establishment of such a joint body and for the transfer to that body of the land so acquired.
(2) Any order under this section providing for the establishment of a joint body may make such provision as the Secretary of State considers expedient with respect to the constitution and functions of that body.
(3) The provisions which may be included under subsection (2) include provisions—
(a) for incorporating the joint body;
(b) for conferring on them, in relation to land transferred to them as mentioned in subsection (1), any of the powers conferred on local authorities by this Part or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 in relation to land acquired and held by such authorities for the purposes of this Part or that Chapter;
(c) for determining the manner in which their expenses are to be defrayed.
(4) Regulations under this Act may make such provision consequential upon or supplementary to the provisions of this section as appears to the Secretary of State to be necessary or expedient.
244 Powers of joint planning boards under Part IX.
(1) A joint planning board . . . shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 226 applies have under that section.
(2) Such a board shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 227 have under that subsection.
(3) Sections 226(1) and (7), 227, 229, 230, 232, 233 and 235 to 242 apply with the necessary modifications as if any such board were a local authority to which those sections applied.
(4) On being authorised to do so by the Secretary of State such a board shall have, for any purpose for which by virtue of this section they may acquire land compulsorily, the power which section 13 of the Local Government (Miscellaneous Provisions) Act 1976 confers on the local authorities to whom subsection (1) of that section applies to purchase compulsorily rights over land not in existence when their compulsory purchase is authorised, and subsections (2) to (5) of that section shall accordingly apply to the purchase of rights under this subsection as they apply to the purchase of rights under subsection (1) of that section.
244A Powers of National Park authorities under Part IX.
(1) A National Park authority shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 226 applies have under that section.
(2) A National Park authority shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 227 have under that subsection.
(3) Sections 226(1) and (7), 227, 229, 230, 232, 233 and 235 to 242 shall apply with the necessary modifications as if a National Park authority were a local authority to which those sections applied and as if the Park in relation to which it carries out functions were the authority’s area.
245 Modification of incorporated enactments for purposes of this Part.
(1) Where—
(a) it is proposed that land should be acquired compulsorily under section 226 or 228, and
(b) a compulsory purchase order relating to that land is submitted to the confirming authority in accordance with Part II of the Acquisition of Land Act 1981 or, as the case may be, is made in draft by the Secretary of State for Housing, Communities and Local Government in accordance with Schedule 1 to that Act,
the confirming authority or, as the case may be, that Secretary of State may disregard for the purposes of that Part or, as the case may be, that Schedule any objection to the order or draft which, in the opinion of that authority or Secretary of State, amounts in substance to an objection to the provisions of the development plan defining the proposed use of that or any other land.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In construing the Compulsory Purchase Act 1965 in relation to any of the provisions of this Part—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in relation to the erection, construction or carrying out of any buildings or works so authorised, references in section 10 of that Act to the acquiring authority shall be construed as references to the person by whom the buildings or works in question are erected, constructed or carried out; and
(c) references to the execution of the works shall be construed as including also references to any erection, construction or carrying out of buildings or works on behalf of a Minister or statutory undertakers on land acquired by that Minister or those undertakers, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.
(1) In this Part—
(a) any reference to the acquisition of land for planning purposes is a reference to the acquisition of it under section 226 or 227 of this Act or section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 136 of the Historic Environment (Wales) Act 2023 (or, as the case may be, under section 112 or 119 of the 1971 Act or section 68 or 71 of the 1962 Act); and
(b) any reference to the appropriation of land for planning purposes is a reference to the appropriation of it for purposes for which land can be (or, as the case may be, could have been) acquired under those sections.
(2) Nothing in sections 238 to 241 shall be construed as authorising any act or omission on the part of a local authority , a combined authority or CCA or body corporate in contravention of any limitation imposed by law on their capacity by virtue of their constitution.
(3) Any power conferred by section 238, 239 or 241 to use land in a manner mentioned in those sections shall be construed as a power so to use the land, whether or not it involves the erection, construction or carrying out of any building or work or the maintenance of any building or work.
247 Highways affected by development: orders by Secretary of State.
(1) The Secretary of State may by order authorise the stopping up or diversion of any highway outside Greater London if he is satisfied that it is necessary to do so in order to enable development to be carried out—
(a) in accordance with planning permission granted under Part III or section 293A Parts 3 or 13, or
(b) by a government department.
(2) Such an order may make such provision as appears to the Secretary of State to be necessary or expedient for the provision or improvement of any other highway outside Greater London.
(2A) The council of a London borough may by order authorise the stopping up or diversion of any highway within the borough, or within another London borough if the council of that borough consents, if it is satisfied that it is necessary to do so in order to enable development to be carried out—
(a) in accordance with planning permission granted under Part III or Part 13, or
(b) by a government department.
(2B) Such an order may make such provision as appears to the council to be necessary or expedient for the provision or improvement of any other highway within the borough.
(3) An order under subsection (1) or (2A) may direct—
(a) that any highway provided or improved by virtue of it shall for the purposes of the Highways Act 1980 be a highway maintainable at the public expense;
(b) that the Secretary of State, a strategic highways company, or any county council, county borough council, metropolitan district council or London borough council specified in the order or, if it is so specified, the Common Council of the City of London, shall be the highway authority for that highway;
(c) in the case of a highway for which the Secretary of State or a strategic highways company is to be the highway authority, that the highway shall, on such date as may be specified in the order, become a trunk road within the meaning of the Highways Act 1980.
(3A) An order under subsection (2A) may not provide that—
(a) the Secretary of State,
(aa) a strategic highways company,
(b) Transport for London, or
(c) a London borough other than the one whose council is making the order,
shall be the highway authority for a highway unless the Secretary of State, the strategic highways company, Transport for London or the council, as the case may be, so consents.
(4) An order made under this section may contain such incidental and consequential provisions as appear to the Secretary of State or the council of the London borough to be necessary or expedient, including in particular—
(a) provision for authorising the Secretary of State or the council of the London borough, or requiring any other authority or person specified in the order—
(i) to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is attributable to the doing of any such work; or
(ii) to repay, or to make contributions in respect of, any compensation paid by the highway authority in respect of restrictions imposed under section 1 or 2 of the Restriction of Ribbon Development Act 1935 in relation to any highway stopped up or diverted under the order;
(b) provision for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to which the order relates.
(5) An order may be made under this section authorising the stopping up or diversion of any highway which is temporarily stopped up or diverted under any other enactment.
(6) The provisions of this section shall have effect without prejudice to—
(a) any power conferred on the Secretary of State or a London borough by any other enactment to authorise the stopping up or diversion of a highway;
(b) the provisions of Part VI of the Acquisition of Land Act 1981; or
(c) the provisions of section 251(1).
248 Highways crossing or entering route of proposed new highway, etc.
(1) This section applies where—
(a) planning permission is granted under Part III or, in relation to England, Part 13 for constructing or improving, or the Secretary of State or a strategic highways company proposes to construct or improve, a highway (“the main highway”); and
(b) another highway crosses or enters the route of the main highway or is, or will be, otherwise affected by the construction or improvement of the main highway.
(2) Where this section applies and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is outside Greater London, if it appears to the Secretary of State expedient to do so—
(a) in the interests of the safety of users of the main highway; or
(b) to facilitate the movement of traffic on the main highway,
he may by order authorise the stopping up or diversion of the other highway.
(2A) Where this section applies and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is within a London borough, if it appears to the council of that borough expedient to do so—
(a) in the interests of the safety of users of the main highway; or
(b) to facilitate the movement of traffic on the main highway,
it may by order authorise the stopping up or diversion of the other highway.
(3) Subsections (2) and (2B) to (6) of section 247 shall apply to an order under this section as they apply to an order under that section, taking the reference in subsections (2) and (2B) of that section to any other highway as a reference to any highway other than that which is stopped up or diverted under this section and the references in subsection (3) to a highway provided or improved by virtue of an order under that section as including a reference to the main highway.
249 Order extinguishing right to use vehicles on highway.
(1) This section applies where—
(a) a local planning authority by resolution adopt a proposal for improving the amenity of part of their area, and
(b) the proposal involves the public ceasing to have any right of way with vehicles over a highway in that area, being a highway which is neither a trunk road , a GLA road nor a road classified as a principal road.
(2) Where the public is to cease to have such a right of way at a place outside Greater London, the Secretary of State may, on an application by a local planning authority who have so resolved, by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.
(2A) Where—
(a) the public is to cease to have such a right of way at a place within a London borough, and
(b) the conditions mentioned in subsection (2B)(a) or (b) are satisfied,
the council of that borough may by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.
(2B) The conditions are that—
(a) the council is a local planning authority for the place where the right of way is to cease and it resolves that the right should be extinguished, or
(b) another authority is a local planning authority for that place and, having resolved to do so, it applies to the council of the borough for the right to be extinguished.
(3) An order under subsection (2) or (2A) may include such provision as the Secretary of State or, as the case may be, the council of the London borough (after consultation with every authority who are a local planning authority for the area in question and the highway authority) thinks fit for permitting the use on the highway of vehicles (whether mechanically propelled or not) in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that subsection.
(4) Such provision as is mentioned in subsection (3) may be framed by reference to—
(a) particular descriptions of vehicles, or
(b) particular persons by whom, or on whose authority, vehicles may be used, or
(c) the circumstances in which, or the times at which, vehicles may be used for particular purposes.
(5) No provision contained in, or having effect under, any enactment, being a provision prohibiting or restricting the use of footpaths, footways or bridleways shall affect any use of a vehicle on a highway in relation to which an order under subsection (2) or (2A) has effect, where the use is permitted in accordance with provisions of the order included by virtue of subsection (3).
(6) If any authority who are a local planning authority for the area in which a highway to which an order under subsection (2) or (2A) relates is situated apply to the Secretary of State or, as the case may be, the council of the borough in that behalf, the Secretary of State or council may by order revoke that order, and, if the order is revoked, any right to use vehicles on the highway in relation to which the order was made which was extinguished by virtue of the order under that subsection shall be reinstated.
(7) Such an order as is mentioned in subsection (6) may make provision requiring the removal of any obstruction of a highway resulting from the exercise of powers under Part VIIA of the Highways Act 1980 or sections 1 to 9 of the Business and Planning Act 2020.
(8) Before making an application under subsection (2) , (2A) or (6) the local planning authority shall consult with the highway authority (if different) and any other authority who are a local planning authority for the area in question.
(9) Subsections (2) , (2B), (3), (4) and (6) of section 247 shall apply to an order under this section as they apply to an order under that section.
(1) Any person who, at the time of an order under section 249(2) , (2B) coming into force, has an interest in land having lawful access to a highway to which the order relates shall be entitled to be compensated by the local planning authority on whose application the order was made in respect of—
(a) any depreciation in the value of his interest which is directly attributable to the order; and
(b) any other loss or damage which is so attributable.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A claim for compensation under this section shall be made to the local planning authority on whose application the order was made within the prescribed time and in the prescribed manner.
(4) For the purpose of assessing any such compensation the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
(5) Where an interest in land is subject to a mortgage—
(a) any compensation to which this section applies which is payable in respect of depreciation of the value of that interest shall be assessed as if the interest were not subject to the mortgage;
(b) a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;
(c) no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and
(d) any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee (or, if there is more than one mortgagee, to the first mortgagee) and shall in either case be applied by him as if it were proceeds of sale.
(6) Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this section shall be referred to and determined by the Upper Tribunal.
(7) In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.
251 Extinguishment of public rights of way over land held for planning purposes.
(1) Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated, the Secretary of State may by order extinguish any public right of way over the land if he is satisfied—
(a) that an alternative right of way has been or will be provided; or
(b) that the provision of an alternative right of way is not required.
(2) In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX.
(3) Subsection (1) shall also apply (with the substitution of a reference to the Broads Authority for the reference to the local authority) in relation to any land within the Broads which is held by the Broads Authority and which was acquired by, or vested in, the Authority for any purpose connected with the discharge of any of its functions.
(1) Before making an order under section 247, 248, 249 or 251 the Secretary of State or, as the case may be, the council of a London borough shall publish in at least one local newspaper circulating in the relevant area, and in the London Gazette, a notice—
(a) stating the general effect of the order;
(b) specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the publication of the notice (“the publication date”); and
(c) stating that any person may within that period by notice to the Secretary of State or, as the case may be, the council of the London borough object to the making of the order.
(2) Not later than the publication date, the Secretary of State or, as the case may be, the council of the London borough shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan—
(a) on every local authority in whose area any highway or, as the case may be, any land to which the order relates is situated, and
(aa) on any National Park authority which is the local planning authority for the area in which any highway or, as the case may be, any land to which the order relates is situated, and
(b) on any water, sewerage, hydraulic power or electricity undertakers or public gas transporter having any cables, mains, sewers, pipes or wires laid along, across, under or over any highway to be stopped up or diverted, or, as the case may be, any land over which a right of way is proposed to be extinguished, under the order.
(3) Not later than the publication date, the Secretary of State or, as the case may be, the council of the London borough shall also cause a copy of the notice to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted or, as the case may be, of the right of way proposed to be extinguished under the order.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) If before the end of the period of 28 days mentioned in subsection (1)(b) an objection is received by the Secretary of State or, as the case may be, the council of the London borough, from any local authority National Park authority or undertakers or public gas transporter on whom a notice is required to be served under subsection (2), or from any other person appearing to to the Secretary of State or, as the case may be, the council to be affected by the order, and the objection is not withdrawn, then
(a) in a case where the Secretary of State is proposing to make an order, he shall cause a local inquiry to be held unless subsection (5) applies, or
(b) in a case where the council of a London borough is proposing to make an order, it shall notify the Mayor of London of the objections and shall cause a local inquiry to be held unless subsection (5A) applies.
(5) If, in a case where the Secretary of State is proposing to make an order and the objection is made by a person other than such a local authority or undertakers or transporter, the Secretary of State is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary he may dispense with the inquiry.
(5A) In a case where—
(a) the council of a London borough is proposing to make the order,
(b) the council has under subsection (4)(b) notified the Mayor of London of the objections, and
(c) none of the objections notified is made by such a local authority or undertakers or transporter as are mentioned in that subsection,
the Mayor of London shall decide whether, in the special circumstances of the case, the holding of such an inquiry is unnecessary, and if he decides that it is unnecessary he shall so notify the council which may dispense with the inquiry.
(6) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) shall apply in relation to an inquiry caused to be held by the Secretary of State or the council of a London borough under subsection (4).
(6A) In their application to an inquiry caused to be held by the council of a London borough—
(a) subsection (4) of section 250 of the Local Government Act 1972 shall be treated as if—
(i) for the reference to a Minister there were substituted a reference to the council of a London borough,
(ii) for the reference to him there were substituted a reference to the council,
(iii) for the reference to he there were substituted a reference to the council acting with the consent of the Mayor of London, and
(iv) for the references to the Minister there were substituted references to the council of the London borough, and
(b) subsection (5) of that section shall be treated as if—
(i) for the reference to the Minister there were substituted a reference to the council of a London borough, and
(ii) the power to make an order as to the costs of parties were subject to a requirement to act with the consent of the Mayor of London.
(6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Where publication of the notice mentioned in subsection (1) takes place on more than one day, the references in this section to the publication date are references to the latest date on which it is published.
(8) Where the Secretary of State is proposing to make an order, after considering any objections to the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may, subject to subsection (9), make the order either without modification or subject to such modifications as he thinks fit.
(8A) Where the council of a London borough is proposing to make an order, after—
(a) considering any objections to the order which are not withdrawn, and
(b) where a local inquiry is held—
(i) considering the report of the person who held the inquiry, and
(ii) obtaining the consent of the Mayor of London to the making of the order,
the council may, subject to subsection (9), make the order either without modification or subject to such modification as it thinks fit.
(9) Where—
(a) the order contains a provision requiring any such payment, repayment or contribution as is mentioned in section 247(4)(a); and
(b) objection to that provision is duly made by an authority or person who would be required by it to make such a payment, repayment or contribution; and
(c) the objection is not withdrawn,
the order shall be subject to special parliamentary procedure.
(10) Immediately after the order has been made, the Secretary of State or, as the case may be, the council of the London borough shall publish, in the manner specified in subsection (1), a notice stating that the order has been made and naming a place where a copy of the order may be seen at all reasonable hours.
(10A) Nothing in subsection (2) shall require the council of a London borough to serve anything on itself.
(11) Subsections (2), (3) and (7) shall have effect in relation to a notice under subsection (10) as they have effect in relation to a notice under subsection (1).
(12) In this section—
...
“the relevant area”, in relation to an order, means the area in which any highway or land to which the order relates is situated;
“local authority” means the council of a county, county borough, district, parish , community or London borough, a police and crime commissioner, the Mayor's Office for Policing and Crime, ... a joint authority established by Part IV of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, the London Fire Commissioner, a housing action trust established under Part III of the Housing Act 1988 ... and the parish meeting of a ... parish not having a separate parish council;
and in subsection (2)—
(i) the reference to water undertakers shall be construed as including a reference to the Environment Agency and the Natural Resources Body for Wales, and
(ii) the reference to electricity undertakers shall be construed as a reference to holders of licences under section 6 of the Electricity Act 1989 who are entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act.
253 Procedure in anticipation of planning permission.
(1) Where—
(a) the Secretary of State or the council of a London borough would, if planning permission for any development had been granted ..., have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
then, notwithstanding that such permission has not been granted, the Secretary of State or, as the case may be, the council of the London borough may publish notice of the draft of such an order in accordance with section 252.
(1A) Where—
(a) the Welsh Ministers would, if planning permission for any development had been granted under Part 3, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, and
(b) subsection (2), (3) or (4) applies,
then, notwithstanding that such permission has not been granted, the Welsh Ministers may publish notice of the draft of such an order in accordance with section 252.
(2) This subsection applies where the relevant development is the subject of an application for planning permission and either—
(a) that application is made by a local authority National Park authority or statutory undertakers . . .; or
(aa) that application has been made to the Welsh Ministers under section ... 62M or 62O; or
(b) that application stands referred to the Welsh Ministers in pursuance of a direction under section 77; or
(c) the applicant has appealed to the Welsh Ministers under section 78 against a refusal of planning permission or of approval required under a development order or a local development order or against a condition of any such permission or approval.
(3) This subsection applies where—
(a) the relevant development is to be carried out by a local authority National Park authority or statutory undertakers and requires, by virtue of an enactment, the authorisation of a government department; and
(b) the developers have made an application to the department for that authorisation and also requested a direction under section 90(1) that planning permission be deemed to be granted for that development.
(4) This subsection applies where the council of a county or county borough, a National Park authority or a joint planning board certify that they have begun to take such steps, in accordance with regulations made by virtue of section 316, as are required to enable them to obtain planning permission for the relevant development.
(5) Section 252(8) shall not be construed as authorising the Secretary of State , the council of a London borough or the Welsh Ministers to make an order under section 247 or 248 of which notice has been published by virtue of subsection (1) or, as the case may be, (1A) until planning permission is granted for the development which occasions the making of the order.
254 Compulsory acquisition of land in connection with highways.
(1) The Secretary of State, or a local highway authority or a strategic highways company on being authorised by the Secretary of State to do so, may acquire land compulsorily—
(a) for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under section 247, 248 or 249 or for any other purpose for which land is required in connection with the order; or
(b) for the purpose of providing any public right of way which is to be provided as an alternative to a right of way extinguished under an order under section 251.
(2) The Acquisition of Land Act 1981 shall apply to the acquisition of land under this section.
255 Concurrent proceedings in connection with highways.
(1) In relation to orders under sections 247, 248 and 249, regulations made under this Act may make provision for securing that any proceedings required to be taken for the purposes of the acquisition of land under section 254 (as mentioned in subsection (1)(a) of that section) may be taken concurrently with any proceedings required to be taken for the purposes of the order.
(2) In relation to orders under section 251, regulations made under this Act may make provision for securing—
(a) that any proceedings required to be taken for the purposes of such an order may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished; or
(b) that any proceedings required to be taken for the purposes of the acquisition of any other land under section 254 (as mentioned in subsection (1)(b) of that section) may be taken concurrently with either or both of the proceedings referred to in paragraph (a).
256 Telecommunication apparatus: orders by Secretary of State.
(1) Where—
(a) in pursuance of an order under section 247, 248 or 249 a highway is stopped up or diverted or, as the case may be, any right to use vehicles on that highway is extinguished; and
(b) immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any electronic communications apparatus kept installed for the purposes of an electronic communications code network,
the operator of that network shall have the same powers in respect of the apparatus as if the order had not come into force.
(2) Notwithstanding subsection (1), any person entitled to land over which the highway subsisted shall be entitled to require the alteration of the apparatus.
(3) Where—
(a) any such order provides for the improvement of a highway for which the Secretary of State is not the highway authority, and
(b) immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any electronic communications apparatus kept installed for the purposes of an electronic communications code network ,the ... highway authority shall be entitled to require the alteration of the apparatus.
(4) Subsection (3) does not have effect so far as it relates to the alteration of any apparatus for the purpose of major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991.
(5) Paragraph 108(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of this section as it applies for the purposes of that code.
(6) Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any electronic communications apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.