The A122 (Lower Thames Crossing) Development Consent Order 2025
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Change 1
30 Modification of Part 1 of the 1965 Act
(1) Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act is modified as follows. (2) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the eight year period mentioned in article 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025”. (3) In section 11A (powers of entry: further notice of entry)— (a) in subsection (1)(a), after “land” insert “under that provision”; (b) in subsection (2), after “land” insert “under that provision”. (4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025”. (5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)— (a) for paragraphs 1(2) and 14(2) substitute— (2) But see article 33(4) (acquisition of subsoil or airspace only) of the A122 (Lower Thames Crossing) Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule. ; and (b) after paragraph 29, insert— PART4 INTERPRETATION 30. In this Schedule, references to entering on and taking possession of land do not include exercising the powers under articles 13 (use of private roads), 20 (protective work to land and buildings), 21 (authority to survey and investigate the land), 35 (temporary use of land for carrying out the authorised development) or 36 (temporary use of land for maintaining the authorised development) of the A122 (Lower Thames Crossing) Development Consent Order 2025. (6) In respect of Plots 28-08, 29-253, 29-254, 29-258, 29-259, 29-260 and 29-261 shown in the land plans, and without limitation to the powers under article 35 (temporary use of land for carrying out the authorised development), section 8 (other provisions as to divided land) of, and Schedule 2A to, the 1965 Act, must be construed to ensure— (a) the freehold owner of those plots may serve a notice to require the undertaker to acquire the landowner’s interest in respect of the Whitecroft Care Home where any part of the authorised development has begun; and (b) the undertaker must accept a notice served under sub-paragraph (a) and thereafter serve— (i) notice of entry under section 11 (powers of entry) of the 1965 Act; or (ii) a declaration under section 4 (execution of declaration) of the 1981 Act, in respect of land and interests in those plots and the Whitecroft Care Home owned by the landowner as though it were an acceptance for the purposes of paragraph 11 of Schedule 2A to the 1965 Act.
30 Modification of Part 1 of the 1965 Act
(1) Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act is modified as follows. (2) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the eight year period mentioned in article 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025”. (3) In section 11A (powers of entry: further notice of entry)— (a) in subsection (1)(a), after “land” insert “under that provision”; (b) in subsection (2), after “land” insert “under that provision”. (4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025”. (5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)— (a) for paragraphs 1(2) and 14(2) substitute— (2) But see article 33(4) (acquisition of subsoil or airspace only) of the A122 (Lower Thames Crossing) Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule. ; and (b) after paragraph 29, insert— PART4 INTERPRETATION 30. In this Schedule, references to entering on and taking possession of land do not include exercising the powers under articles 13 (use of private roads), 20 (protective work to land and buildings), 21 (authority to survey and investigate the land), 35 (temporary use of land for carrying out the authorised development) or 36 (temporary use of land for maintaining the authorised development) of the A122 (Lower Thames Crossing) Development Consent Order 2025. (6) In respect of Plots 28-08, 29-253, 29-254, 29-258, 29-259, 29-260 and 29-261 shown in the land plans, and without limitation to the powers under article 35 (temporary use of land for carrying out the authorised development), section 8 (other provisions as to divided land) of, and Schedule 2A to, the 1965 Act, must be construed to ensure— (a) the freehold owner of those plots may serve a notice to require the undertaker to acquire the landowner’s interest in respect of the Whitecroft Care Home where any part of the authorised development has begun; and (b) the undertaker must accept a notice served under sub-paragraph (a) and thereafter serve— (i) notice of entry under section 11 (powers of entry) of the 1965 Act; or (ii) a declaration under section 4 (execution of declaration) of the 1981 Act, in respect of land and interests in those plots and the Whitecroft Care Home owned by the landowner as though it were an acceptance for the purposes of paragraph 11 of Schedule 2A to the 1965 Act.
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