English Devolution and Community Empowerment Act 2026

Schedule 18 Acquisition and development of land

Section 36 Part 1 Functions of the Homes and Communities Agency (known as Homes England) Introduction 1 The Housing and Regeneration Act 2008 is amended in accordance with this Part of this Schedule. Exercise of functions by strategic authorities outside London 2 In Chapter 2 of Part 1, before the italic cross-heading before section 5, insert— Exercise of functions by strategic authorities Purpose of exercise of functions 4A (1) A strategic authority outside London or mayor for the area of a strategic authority outside London may only exercise the functions conferred by this Chapter for the purposes of, or for purposes incidental to the objectives of— (a) improving the supply and quality of housing in the area of the strategic authority; (b) securing the regeneration or development of land or infrastructure in that area; (c) supporting in other ways the creation, regeneration or development of communities in that area or their continued well-being; (d) contributing to the achievement of sustainable development and good design in that area, with a view to meeting the needs of people living in that area. (2) In this section— (a) “good design” and “needs” have the same meanings as in section 2 (see section 2(2)); (b) the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing. Various powers 3 In the following provisions, after “HCA” insert “or a strategic authority outside London”— (a) section 5(1) and (2) (powers to provide housing or other land); (b) section 6(1), (2) and (3) (powers for regeneration, development or effective use of land); (c) section 7(1) and (2) (powers in relation to infrastructure); (d) section 8 (powers to deal with land etc). Acquisition of land 4 In section 9— (a) in subsection (1), after “HCA” insert “or a strategic authority outside London”; (b) in subsection (2), after “HCA” insert “or a strategic authority outside London”; (c) after subsection (5) insert— (5A) Section 9A makes provision about the exercise of the function conferred by subsection (2) on strategic authorities outside London. ; (d) in subsection (6), after “HCA” insert “or a strategic authority”. 5 After section 9 insert— Compulsory acquisition of land by strategic authorities outside London 9A (1) This section applies to the compulsory acquisition function of strategic authorities. (2) In the case of a mayoral combined authority or mayoral CCA, the compulsory acquisition function is a function of the combined authority or CCA that is exercisable only by the mayor on behalf of the combined authority or CCA. (3) In the case of a mayoral combined authority, before exercising the compulsory acquisition function the mayor 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. (4) In the case of a mayoral CCA, before exercising the compulsory acquisition function the mayor 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. (5) 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. (6) 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. (7) In the case of a county council that is a strategic 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) any district council within the area of the county council; (b) any National Park authority; (c) the Broads Authority. (8) In the case of a district council that is a strategic 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) any National Park authority; (b) the Broads Authority. (9) In this section “compulsory acquisition function” means the function conferred by section 9(2). Restrictions on disposal of land 6 In section 10, in subsections (1), (3) and (4), after “HCA” insert “or a strategic authority outside London”. Main powers in relation to acquired land 7 In section 11, omit “by the HCA”. Financial assistance 8 (1) Section 19 is amended in accordance with this paragraph. (2) In subsections (1), (1A) and (4), after “HCA” insert “or a strategic authority outside London”. (3) After subsection (5) insert— (5A) A strategic authority outside London may only exercise the functions conferred by this section for the purposes of, or for purposes incidental to the objectives of— (a) improving the supply and quality of housing in the area of the strategic authority; (b) securing the regeneration or development of land or infrastructure in that area; (c) supporting in other ways the creation, regeneration or development of communities in that area or their continued well-being; (d) contributing to the achievement of sustainable development and good design in that area, with a view to meeting the needs of people living in that area. (5B) In subsection (5A)— (a) “good design” and “needs” have the same meanings as in section 2 (see section 2(2)); (b) the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing. Interpretation 9 In section 57, in subsection (1)— (a) at the appropriate place insert— “CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023; “combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009; “constituent council” means— in relation to a combined authority— a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a CCA— a county council for an area within the area of the authority, or a unitary district council for an area within the area of the authority; and here “unitary district council” means the council for a district for which there is no county council; ; (b) at the appropriate place insert— “mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act); “mayoral combined authority” has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act); ; (c) at the appropriate place insert— “non-mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act); “non-mayoral combined authority” has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act); ; (d) at the appropriate place insert— “strategic authority” means— a district council or county council that is designated as a single foundation strategic authority under section 3 of the English Devolution and Community Empowerment Act 2026, a combined authority, a CCA, or the Greater London Authority; “strategic authority outside London” means a strategic authority other than the Greater London Authority. Acquisition of land 10 (1) Schedule 2 is amended in accordance with this paragraph. (2) In paragraphs 1(2) and 2(2) (application of Acquisition of Land Act 1981), after “HCA” insert “and a strategic authority outside London (whether the power of compulsory acquisition is being exercised by the strategic authority or a mayor for its area)”. (3) In paragraph 3 (extinguishment of private rights of way etc)— (a) in sub-paragraph (1), after “HCA” insert “, a strategic authority outside London, or the mayor for the area of a strategic authority outside London”; (b) in sub-paragraph (2)(c), after “HCA” insert “or in the strategic authority outside London (whether the power of compulsory acquisition is being exercised by the strategic authority or a mayor for its area)”. (4) In paragraphs 4 and 5(a), after “HCA” insert “, strategic authority outside London, or mayor”. (5) In paragraph 7, in sub-paragraph (1), after “HCA” insert “(where it completes the compulsory acquisition) or the strategic authority outside London (where it, or the mayor for its area, completes the compulsory acquisition).” (6) In paragraph 17 (acquisition by agreement), in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”. Main powers in relation to land acquired 11 (1) Schedule 3 is amended in accordance with this paragraph. (2) In the heading, omit “by the HCA”. (3) In paragraph 3 (powers of Secretary of State to extinguish public rights of way by order), after “HCA” insert “or a strategic authority outside London”. (4) In paragraph 7 (duty to give opportunity to appear), in sub-paragraph (3)(a), after “HCA” insert “or strategic authority outside London”. (5) In paragraphs 12(2), 13(1), 14(1) and 15(a) (orders relating to electronic communications apparatus: removal or abandonment of apparatus), after “HCA” insert “or strategic authority outside London”. (6) In paragraph 19 (burial grounds)— (a) in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”; (b) in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”. (7) In paragraph 20 (consecrated land other than burial grounds)— (a) in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”; (b) in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”. (8) In paragraph 21 (other land connected to religious worship), in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”. Powers in relation to, and for, statutory undertakers 12 (1) Schedule 4 is amended in accordance with this paragraph. (2) In paragraph 1 (notice for extinguishment of rights of undertakers or for removal of their apparatus)— (a) in sub-paragraph (1)(a) and (b), after “HCA” insert “or a strategic authority outside London”; (b) in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”. (3) In paragraph 2 (counter-notices)— (a) in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”; (b) in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”. (4) In paragraph 3 (effect of unopposed notice), in sub-paragraph (3), after “HCA” insert “or strategic authority outside London”. (5) In paragraph 4 (opposed notices and Ministerial orders), in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”. (6) In paragraph 5 (opposed notices and Ministerial orders), in sub-paragraph (2)(b)(ii), after “HCA” insert “or strategic authority outside London”. (7) In paragraph 6 (opposed notices and Ministerial orders), in sub-paragraph (3), after “HCA” insert “or strategic authority outside London”. (8) In paragraph 7 (compensation), in sub-paragraph (1)— (a) in the words before paragraph (a), after “HCA” insert “or strategic authority outside London”; (b) in the words after paragraph (b), after “by virtue of” insert “a notice served by that agency or authority under”. (9) In paragraph 9 (notices by undertakers to carry out works)— (a) in sub-paragraph (1)(a), after “HCA” insert “or a strategic authority outside London”; (b) in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”. (10) In paragraph 10 (counter-notices)— (a) in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”; (b) in sub-paragraphs (2) and (3), after “HCA” insert “or strategic authority outside London”; (c) in sub-paragraph (4), for “HCA’s objection” substitute “objection by the HCA or strategic authority outside London”. (11) In paragraph 13 (power to arrange for works to be done by the HCA)— (a) in the heading, omit “by the HCA”; (b) in sub-paragraph (2), for “arrange with the HCA for the works to be carried out by the HCA” substitute “arrange with the HCA or strategic authority outside London for the works to be carried out that agency or authority”. (12) In paragraph 14 (compensation), in sub-paragraph (1)— (a) after “HCA” insert “or strategic authority outside London”; (b) after “by virtue of” insert “a notice served on that agency or authority under”. (13) In paragraph 16 (ministerial order following representations by statutory undertakers)— (a) in sub-paragraph (4)(a), after “HCA” insert “or a strategic authority outside London”; (b) in sub-paragraph (5), after “HCA” insert “or a strategic authority outside London”. (14) In paragraph 17 (ministerial order following representations by the HCA)— (a) in the heading, after “HCA” insert “or a strategic authority outside London”; (b) in sub-paragraph (2), after “HCA” insert “or a strategic authority outside London”. (15) In paragraph 18 (examples of contents of orders), in sub-paragraph (2)(a), after “HCA” insert “or a strategic authority outside London”. (16) In paragraph 20 (notification of proposal to make order)— (a) in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”; (b) in sub-paragraph (3), after “HCA” insert “or strategic authority outside London”. (17) In paragraph 23 (duty to give opportunity to appear), in sub-paragraph (2)(a), after “HCA” insert “or strategic authority outside London”. (18) In paragraph 28 (orders to relieve obligations), in sub-paragraph (4)(a), after “HCA” insert “or a strategic authority outside London”. Part 2 Functions of local authorities Introduction 13 The Town and Country Planning Act 1990 is amended in accordance with this Part of this Schedule. Compulsory acquisition of land for development and other planning purposes 14 (1) Section 226 is amended in accordance with this paragraph. (2) In subsections (1) and (1A), after “local authority” insert “or strategic authority”. (3) After subsection (1B) insert— (1C) Section 226A makes provision about the exercise of the function conferred by subsection (1) on combined authorities and CCAs. . (4) In subsections (3) and (4) (in both places), after “local authority” insert “or strategic authority”. (5) In subsection (5)— (a) after the first “local authority” insert “or strategic authority”; (b) after “Act” insert “or strategic authority to whom this section applies”. (6) In subsection (6)— (a) in paragraph (bb), omit “and”; (b) after paragraph (c) insert— (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) After subsection (8) insert— (8A) In this section “strategic authority to whom this section applies” means a combined authority or CCA. 15 After section 226 insert— Compulsory acquisition of land by combined authorities and CCAs 226A (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). Acquisition of land by agreement 16 In section 227— (a) after “London borough” insert “or any combined authority or CCA”; (b) after “local authority” insert “or combined authority or CCA”. Appropriation of land forming part of common, etc 17 (1) Section 229 is amended in accordance with this paragraph. (2) In subsection (1), after “local authority” insert “or non-mayoral combined authority or non-mayoral CCA”. (3) In subsection (5), in the words before paragraph (a), after “local authority” insert “or non-mayoral combined authority or non-mayoral CCA”. Acquisition of land for purposes of exchange 18 In section 230, after subsection (1) insert— (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. Power of Secretary of State to require acquisition or development of land 19 (1) Section 231 is amended in accordance with this paragraph. (2) In subsection (1)— (a) after “borough” insert “, or a combined authority or CCA,”; (b) after the second “council” insert “or combined authority or CCA”. (3) In subsection (2), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”. Appropriation of land held for planning purposes 20 In section 232, in subsections (1), (2) and (4), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”. Disposal by local authorities of land held for planning purposes 21 (1) Section 233 is amended in accordance with this paragraph. (2) In the heading, after “local” insert “or strategic”. (3) In subsections (1) and (2), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”. (4) In subsection (3A)— (a) in paragraph (b), omit “and”; (b) after paragraph (b) insert— (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 . (5) In subsections (4) and (5), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”. (6) In subsection (9), after “England” insert “or by a non-mayoral combined authority or non-mayoral CCA”. Development of land held for planning purposes 22 (1) Section 235 is amended in accordance with this paragraph. (2) In subsection (1)— (a) in the words before paragraph (a), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”; (b) in paragraph (a), for “that local authority” substitute “that authority”. (3) In subsections (2)(a) and (3), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”. (4) In subsection (4)— (a) after “A local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”; (b) for “the local authority” substitute “the authority”. (5) In subsection (5)(a), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”. Use and development of consecrated land and burial grounds 23 In section 240 (provisions supplemental to sections 238 and 239 (which provide for the use and development of consecrated land and burial grounds)), after subsection (3) insert— (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. Use and development of open spaces 24 In section 241, in subsection (1)— (a) after the first “local authority” insert “, a combined authority or CCA”; (b) after the second “local authority” insert “or a combined authority or CCA”. Overriding of rights of possession 25 In section 242, in paragraph (a), after “authority” insert “or a non-mayoral combined authority or non-mayoral CCA”. Constitution of joint body to hold land for planning purposes 26 In section 243, in subsection (1)— (a) for “local authorities concerned” substitute “authorities concerned”; (b) for “local authority for planning purposes” substitute “local authority, or non-mayoral combined authority or non-mayoral CCA, for planning purposes; (c) for “any other local authority” substitute “any other local authority, non-mayoral combined authority or non-mayoral CCA”. Interpretation of Part 9 27 In section 246, in subsection (2), after “local authority” insert “, a combined authority or CCA”. Extinguishment of rights of statutory undertakers: preliminary notices 28 (1) Section 271 is amended in accordance with this paragraph. (2) In the following provisions, for “local authority” substitute “relevant authority”— (a) subsection (1) (in both places); (b) subsection (5) (in the words before paragraph (a)). (3) After subsection (8) insert— (9) In this section “relevant authority” means— (a) a local authority, or (b) a non-mayoral combined authority or non-mayoral CCA. Extinguishment of rights of electronic communications code network operators: preliminary notices 29 (1) Section 272 is amended in accordance with this paragraph. (2) In the following provisions, for “local authority” substitute “relevant authority”— (a) subsection (1) (in both places); (b) subsection (5) (in the words before paragraph (a)). (3) After subsection (8) insert— (9) In this section “relevant authority” means— (a) a local authority, or (b) a non-mayoral combined authority or non-mayoral CCA. Orders under sections 271 and 272 30 In section 274, in subsection (3), for “local authority” substitute “relevant authority”. Extension or modification of functions of statutory undertakers 31 (1) Section 275 is amended in accordance with this paragraph. (2) In the following provisions, for “local authority” substitute “relevant authority”— (a) subsection (1)(a); (b) subsection (3) (in all three places); (c) subsection (5)(c). (3) After subsection (5) insert— (6) In this section “relevant authority” means— (a) a local authority, or (b) a non-mayoral combined authority or non-mayoral CCA. Procedure in relation to orders under section 275 32 In section 276, in subsection (1), in the words before paragraph (a), for “local authority” substitute “relevant authority”. Objections to orders under sections 275 and 277 33 In section 278, in subsection (7), for “local authority” substitute “relevant authority”. Contributions by local authorities and statutory undertakers 34 (1) Section 306 is amended in accordance with this paragraph. (2) In the following provisions, for “local authority” substitute “relevant authority”— (a) the heading; (b) subsection (1) (in the words before paragraph (a) and in paragraph (c)); (c) subsection (2) (in the words before paragraph (a)); (d) subsection (3) (in both places); (e) subsection (4). (3) After subsection (6) insert— (7) In this section “relevant authority” means— (a) a local authority, or (b) a non-mayoral combined authority or non-mayoral CCA. Interpretation 35 In section 336, in subsection (1)— (a) at the appropriate place insert— “CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023; ; (b) at the appropriate place insert— “combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009; ; (c) at the appropriate place insert— “constituent council” means— in relation to a combined authority— a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a CCA— a county council for an area within the area of the authority, or a unitary district council for an area within the area of the authority; and here “unitary district council” means the council for a district for which there is no county council; ; (d) at the appropriate place insert— “mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act); “mayoral combined authority” has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act); ; (e) at the appropriate place insert— “non-mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act); “non-mayoral combined authority” has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act); . Part 3 The Greater London Authority Acquisition of land by agreement 36 After section 333ZA of the GLAA 1999 insert— Acquisition of land by agreement 333ZAA The Authority may acquire land in Greater London by agreement for the purposes of housing or regeneration.