Town and Country Planning Act 1990

• (a) fail to give notice as mentioned in section 106A(7); or

• (b) determine under section 106A that a planning obligation shall continue to have effect without modification,

the applicant may appeal to the Secretary of State.

• (2) For the purposes of an appeal under subsection (1)(a), it shall be assumed that the authority have determined that the planning obligation shall continue to have effect without modification.

• (3) An appeal under this section shall be made by notice served within such period and in such manner as may be prescribed.

• (4) Subsections (6) to (9) of section 106A apply in relation to appeals to the Secretary of State under this section as they apply in relation to applications to authorities under that section.

• (5) Before determining the appeal the Secretary of State shall, if either the applicant or the authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

• (6) The determination of an appeal by the Secretary of State under this section shall be final.

• (7) Schedule 6 applies to appeals under this section.

• (8) In the application of Schedule 6 to an appeal under this section in a case where the authority mentioned in subsection (1) is the Mayor of London, references in that Schedule to the local planning authority are references to the Mayor of London.

Modification or discharge of affordable housing requirements

106BA

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Duty to notify the Mayor of London of certain applications under section 106BA

106BB

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Appeals in relation to applications under section 106BA

106BC

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Legal challenges relating to development consent obligations

106C

• (1) A court may entertain proceedings for questioning a failure by the Secretary of State ... to give notice as mentioned in section 106A(7) or 106BA(9) only if—

• (a) the proceedings are brought by a claim for judicial review, and

• (b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the period prescribed under section 106A(7) or 106BA(9) ends.

• (1A) If no period is prescribed under section 106BA(9), the period of 6 weeks referred to in subsection (1)(b) that applies in relation to proceedings for failure to give notice as mentioned in subsection (9) of section 106BA begins with the day after the expiry of the period mentioned in that subsection that applies in the applicant's case.

• (2) A court may entertain proceedings for questioning a determination by the Secretary of State ... that a planning obligation shall continue to have effect without modification only if—

• (a) the proceedings are brought by a claim for judicial review, and

• (b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106A(7) or 106BA(9).

• (3) A court may entertain proceedings for questioning a determination by the Secretary of State on an application under section 106BA that a planning obligation shall be modified otherwise than in accordance with the application only if—

• (a) the proceedings are brought by a claim for judicial review, and

• (b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106BA(9).

Legal challenges relating to infrastructure consent obligations

106D

• (1) This section applies where an application has been made to the Welsh Ministers under section 106A.

• (2) A court may entertain proceedings for questioning a failure by the Welsh Ministers to give notice as mentioned in section 106A(7) only if—

• (a) the proceedings are brought by a claim for judicial review, and

• (b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the period prescribed under section 106A(7) ends.

• (3) A court may entertain proceedings for questioning a determination by the Welsh Ministers that a planning obligation is to continue to have effect without modification only if—

• (a) the proceedings are brought by a claim for judicial review, and

• (b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106A(7).

Part IV — Compensation for Effects of Certain Orders, Notices, etc.

Compensation for revocation of planning permission, etc.

Compensation where planning permission or permission in principle revoked or modified.

107

• (1) Subject to section 116, where planning permission or permission in principle is revoked or modified by an order under section 97(1)(a), then if, on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that a person interested in the land or in minerals in, on or under it—

• (a) has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification; or

• (b) has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the local planning authority shall pay that person compensation in respect of that expenditure, loss or damage.

• (2) For the purposes of subsection (1), any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory to it, shall be taken to be included in the expenditure incurred in carrying out that work.

• (3) Subject to subsection (2), no compensation shall be paid under subsection (1) in respect—

• (a) of any work carried out before the grant of the permission which is revoked or modified, or

• (b) of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission (other than loss or damage consisting of depreciation of the value of an interest in land).

• (4) In calculating for the purposes of subsection (1) the amount of any loss or damage that is attributable to the revocation or modification of planning permission and consists of depreciation of the value of an interest in land, it shall be assumed that planning permission would be granted —

• (a) subject to the condition set out in Schedule 10, for any development of the land of a class specified in paragraph 1 of Schedule 3;

• (b) for any development of a class specified in paragraph 2 of Schedule 3.

• (4A) A development order may make provision for the payment of compensation, in such circumstances and subject to such conditions as may be prescribed in the order, where permission in principle is revoked or modified by an order under section 97(1)(b).

• (5) In this Part any reference to an order under section 97 includes a reference to an order under the provisions of that section as applied by section 102(3) (or, subject to section 116, by paragraph 1(3) of Schedule 9).

Compensation for refusal or conditional grant of planning permission etc formerly granted by development order , local development order or neighbourhood development order.

108

• (1) Where—

• (a) planning permission granted by a development order , a local development order or a neighbourhood development order is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order); and

• (b) on an application made under Part III or section 293A Parts 3 or 13 planning permission for development formerly permitted by that order is refused or is granted subject to conditions other than those imposed by that order,

section 107 shall apply as if the planning permission granted by the development order , the local development order or the neighbourhood development order—

• (i) had been granted by the local planning authority under Part III or section 293A or by the Secretary of State or Welsh Ministers under Part 13; and

• (ii) had been revoked or modified by an order under section 97.

• (2) Where planning permission granted by a development order , a local development order or a neighbourhood development order is withdrawn by revocation or amendment of the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation.

• (2A) Where—

• (a) planning permission granted by a development order for development in England of a prescribed description is withdrawn by the issue of directions under powers conferred by the order, or

• (b) planning permission granted by a local development order for development in England is withdrawn by the issue of directions under powers conferred by the order,

this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the directions took effect.

• (2B) Where—

• (a) permission in principle granted by a development order is withdrawn by the revocation or amendment of the order, and

• (b) on an application made under Part 3 or section 293A Parts 3 or 13 before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation, permission in principle is refused for development of a description that is the same as, or falls within, that to which the withdrawn permission in principle related,

section 107 shall apply as if the permission in principle granted by the development order had been granted by the local planning authority under Part 3 or section 293A or by the Secretary of State or Welsh Ministers under Part 13, and had been revoked or modified by an order under section 97.

• (3) This section shall not apply in relation to planning permission, or permission in principle, for the development of operational land of statutory undertakers.

• (3B) This section does not apply if—

• (a) in the case of planning permission or permission in principle granted by a development order, the condition in subsection (3C) is met;

• (b) in the case of planning permission granted by a local development order, the condition in subsection (3D) is met.

• (c) in the case of planning permission granted by a neighbourhood development order, the condition in subsection (3E) is met.

• (3C) The condition referred to in subsection (3B)(a) is that—

• (a) the planning permission or permission in principle is granted for development in England of a prescribed description,

• (b) the permission is withdrawn in the prescribed manner,

• (c) notice of the withdrawal was published in the prescribed manner not less than 12 months or more than the prescribed period before the withdrawal took effect, and

• (d) where the development order granted planning permission, either—

• (i) the development authorised by the development order had not started before the notice was published, or

• (ii) the development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.

• (3D) The condition referred to in subsection (3B)(b) is that—

• (a) the planning permission is granted for development in England,

• (b) the planning permission is withdrawn by the revocation or amendment of the local development order, or by the issue of directions under powers conferred by the local development order,

• (c) notice of the revocation, amendment or directions was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation, amendment or directions (as the case may be) took effect, and

• (d) either—

• (i) the development authorised by the local development order had not started before the notice was published, or

• (ii) the local development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.

• (3E) The condition referred to in subsection (3B)(c) is that—

• (a) the planning permission is withdrawn by the revocation of the neighbourhood development order,

• (b) notice of the revocation was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation took effect, and

• (c) either—

• (i) the development authorised by the neighbourhood development order had not begun before the notice was published, or

• (ii) section 61L(7) applies in relation to the development.

• (3F) This section does not apply to the extent that the development referred to in subsection (1)(b) would, while permitted by a development order, have required conservation area consent under the Planning (Listed Buildings and Conservation Areas) Act 1990.

• (4) Regulations made by virtue of this subsection may provide that subsection (1) shall not apply where planning permission granted by a development order or a local development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.

• (5) Regulations under this section prescribing a description of development may (in particular) do so by reference to one or more classes or descriptions of development specified in a development order.

• (6) In this section “prescribed” means prescribed by regulations made by the Secretary of State in relation to England and the Welsh Ministers in relation to Wales,

Apportionment of compensation for depreciation.

109

• (1) Where compensation becomes payable under section 107 which includes compensation for depreciation of an amount exceeding £20, the local planning authority—

• (a) if it appears to them to be practicable to do so, shall apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates; and

• (b) shall give particulars of any such apportionment to the claimant and to any other person entitled to an interest in land which appears to the authority to be substantially affected by the apportionment.

• (2) In carrying out an apportionment under subsection (1)(a), the local planning authority shall divide the land into parts and shall distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the authority to be differently affected by the order or, in a case falling within section 108, the relevant planning decision, in consequence of which the compensation is payable.

• (3) Regulations under this section shall make provision, subject to subsection (4)—

• (a) for enabling the claimant and any other person to whom particulars of an apportionment have been given under subsection (1), or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the Upper Tribunal;

• (b) for enabling the claimant and every other person to whom particulars of any such apportionment have been so given to be heard by the Tribunal on any reference under this section of that apportionment; and

• (c) for requiring the Tribunal, on any such reference, either to confirm or to vary the apportionment and to notify the parties of the decision of the Tribunal.

• (4) Where on a reference to the Upper Tribunal under this section it is shown that an apportionment—

• (a) relates wholly or partly to the same matters as a previous apportionment, and

• (b) is consistent with that previous apportionment in so far as it relates to those matters,

the Tribunal shall not vary the apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.

• (5) On a reference to the Upper Tribunal by virtue of subsection (3), subsections (1) and (2), so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the local planning authority, of references to the Upper Tribunal.

• (6) In this section and section 110—

• “compensation for depreciation” means so much of any compensation payable under section 107 as is payable in respect of loss or damage consisting of depreciation of the value of an interest in land,

• “interest” (where the reference is to an interest in land) means the fee simple or a tenancy of the land and does not include any other interest in it, and

• “relevant planning decision” means the planning decision by which planning permission or permission in principle is refused, or by which planning permission is granted subject to conditions other than those previously imposed by the development order , the local development order or the neighbourhood development order.

Registration of compensation for depreciation.

110

• (1) Where compensation becomes payable under section 107 which includes compensation for depreciation of an amount exceeding £20, the local planning authority shall give notice to the Secretary of State that such compensation has become payable, specifying the amount of the compensation for depreciation and any apportionment of it under section 109.

• (2) Where the Secretary of State is given such notice he shall cause notice of that fact to be deposited—

• (a) with the council of the district , Welsh county, county borough or London borough in which the land is situated, and

• (b) if that council is not the local planning authority, with the local planning authority.

• (3) Notices deposited under this section must specify—

• (a) the order, or in a case falling within section 108 the relevant planning decision, and the land to which the claim for compensation relates; and

• (b) the amount of compensation and any apportionment of it under section 109.

• (4) Notices deposited under this section shall be local land charges, and for the purposes of the Local Land Charges Act 1975 the council with whom any such notice is deposited shall be treated as the originating authority as respects the charge constituted by it.

• (5) In relation to compensation specified in a notice registered under this section, references in this Part to so much of the compensation as is attributable to a part of the land to which the notice relates shall be construed as follows—

• (a) if the notice does not include an apportionment under section 109, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the notice relates;

• (b) if the notice includes such an apportionment—

• (i) the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made; and

• (ii) so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part.

Recovery of compensation under s. 107 on subsequent development.

111

• (1) No person shall carry out any . . .development to which this section applies on land in respect of which a notice (“a compensation notice”) is registered under section 110 until any amount which is recoverable under this section in accordance with section 112 in respect of the compensation specified in the notice has been paid or secured to the satisfaction of the Secretary of State.

• (2) Subject to subsections (3) to (5), this section applies to any . . .development—

• (a) which is development of a residential, commercial or industrial character and consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination of them; or

• (b) which consists in the winning and working of minerals; or

• (c) to which, having regard to the probable value of the development, it is in the opinion of the Secretary of State reasonable that this section should apply.

• (3) This section shall not apply to any development by virtue of subsection (2)(c) if, on an application made to him for the purpose, the Secretary of State has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section should apply to it.

• (4) Where the compensation under section 107 specified in the notice registered under section 110 became payable in respect of an order modifying planning permission or, in a case falling within section 108, of a relevant planning decision (within the meaning of section 109) granting conditional planning permission, this section shall not apply to development in accordance with that permission as modified by the order or, as the case may be, in accordance with those conditions.

• (5) This section does not apply to any development—

• (a) of a class specified in paragraph 1 of Schedule 3 which is carried out in accordance with the condition set out in Schedule 10; or

• (b) of a class specified in paragraph 2 of Schedule 3.

Amount recoverable under s. 111 and provisions for payment or remission of it.

112

• (1) Subject to the following provisions of this section, the amount recoverable under section 111 in respect of the compensation specified in a notice registered under section 110—

• (a) if the land on which the development is to be carried out (“the development area”) is identical with, or includes (with other land) the whole of, the land comprised in the notice, shall be the amount of compensation specified in the notice;

• (b) if the development area forms part of the land comprised in the notice, or includes part of that land together with other land not comprised in the notice, shall be so much of the amount of the compensation specified in the notice as is attributable to land comprised in the notice and falling within the development area.

• (2) Where, in the case of any land in respect of which such a notice has been so registered, the Secretary of State is satisfied, having regard to the probable value of any proper development of that land, that no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or part of any amount otherwise recoverable under section 111.

• (3) Where part only of any such amount has been remitted in respect of any land, the Secretary of State shall cause the notice registered under section 110 to be amended by substituting in it, for the statement of the amount of the compensation, in so far as it is attributable to that land, a statement of the amount which has been remitted under subsection (2).

• (4) Where, in connection with the development of any land, an amount becomes recoverable under section 111 in respect of the compensation specified in such a notice, then, except where, and to the extent that, payment of that amount has been remitted under subsection (2), no amount shall be recoverable under that section in respect of that compensation, in so far as it is attributable to that land, in connection with any subsequent development of it.

• (5) No amount shall be recoverable under section 111 in respect of any compensation by reference to which a sum has become recoverable by the Secretary of State under section 308.

• (6) An amount recoverable under section 111 in respect of any compensation shall be payable to the Secretary of State either—

• (a) as a single capital payment, or

• (b) as a series of instalments of capital and interest combined, or

• (c) as a series of other annual or periodical payments, of such amounts, and payable at such times, as the Secretary of State may direct.

• (7) Before giving a direction under subsection (6)(c) the Secretary of State shall take into account any representations made by the person by whom the development is to be carried out.

• (8) Except where the amount payable under subsection (6) is payable as a single capital payment, it shall be secured by the person by whom the development is to be carried out in such manner (whether by mortgage, covenant or otherwise) as the Secretary of State may direct.

• (9) If any person initiates any . . . development to which section 111 applies in contravention of subsection (1) of that section, the Secretary of State may serve a notice on him—

• (a) specifying the amount appearing to the Secretary of State to be the amount recoverable under that section in respect of the compensation in question, and

• (b) requiring him to pay that amount to the Secretary of State within such period as may be specified in the notice.

• (10) The period specified under subsection (9)(b) must not be less than three months after the service of the notice.

• (11) Subject to subsection (12), any sum recovered by the Secretary of State under section 111 shall be paid to the local planning authority who paid the compensation to which that sum relates.

• (12) Subject to subsection (13), in paying any such sum to the local planning authority, the Secretary of State shall deduct from it—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the amount of any grant paid by him under Part XIV in respect of that compensation.

• (13) If the sum recovered by the Secretary of State under section 111—

• (a) is an instalment of the total sum recoverable, or

• (b) is recovered by reference to development of part of the land in respect of which the compensation was payable,

any deduction to be made under . . .subsection (12) shall be a deduction of such amount as the Secretary of State may determine to be the proper proportion of the amount referred to in that paragraph.

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113

Compensation for other planning decisions

Compensation for planning decisions restricting development other than new development.

114

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Compensation in respect of orders under s. 102, etc.

115

• (1) This section shall have effect where an order is made under section 102—

• (a) requiring a use of land to be discontinued,

• (b) imposing conditions on the continuance of it, or

• (c) requiring any buildings or works on land to be altered or removed.

• (2) If, on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that any person has suffered damage in consequence of the order—

• (a) by depreciation of the value of an interest to which he is entitled in the land or in minerals in, on or under it, or

• (b) by being disturbed in his enjoyment of the land or of such minerals,

that authority shall pay to that person compensation in respect of that damage.

• (3) Without prejudice to subsection (2), any person who carries out any works in compliance with the order shall be entitled, on a claim made as mentioned in that subsection, to recover from the local planning authority compensation in respect of any expenses reasonably incurred by him in that behalf.

• (4) Any compensation payable to a person under this section by virtue of such an order as is mentioned in subsection (1) shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order.

• (5) Subject to section 116, this section applies where such an order as is mentioned in subsection (6) is made as it applies where an order is made under section 102.

• (6) The orders referred to in subsection (5) are an order under paragraph 1 of Schedule 9—

• (a) requiring a use of land to be discontinued, or

• (b) imposing conditions on the continuance of it, or

• (c) requiring any buildings or works or plant or machinery on land to be altered or removed,

or an order under paragraph 3, 5 or 6 of that Schedule.

Modification of compensation provisions in respect of mineral working etc.

116

• (1) Regulations made by virtue of this section with the consent of the Treasury may provide that where an order is made under—

• (a) section 97 modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or

• (b) paragraph 1, 3, 5 or 6 of Schedule 9 with respect to such winning and working or depositing,

sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.

• (2) Any such regulations may make provision—

• (a) as to circumstances in which compensation is not to be payable;

• (b) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;

• (c) for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed,

and may also make different provision for different cases ....

• (3) No such regulations shall be made by the Secretary of State unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

• (4) Before making any such regulations the Secretary of State or (as the case may be) the Welsh Ministers shall consult such persons as appear to him or them to be representative—

• (a) of persons carrying out mining operations;

• (b) of owners of interests in land containing minerals; and

• (c) of mineral planning authorities.

General and supplemental provisions

General provisions as to compensation for depreciation under Part IV.

117

• (1) For the purpose of assessing any compensation to which this section applies, 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.

• (2) Subject to regulations by virtue of section 116, this section applies to any compensation which under the provisions of this Part is payable in respect of depreciation of the value of an interest in land.

• (3) 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.

Determination of claims for compensation.

118

• (1) Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this Part shall be referred to and determined by the Upper Tribunal.

• (2) 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.

Part V

Preliminary

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119

Right to compensation

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120

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121

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122

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123

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124

Amount of compensation

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125

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126

Claims for and payment of compensation

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127

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128

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129

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130

Recovery of compensation

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131

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132

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133

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134

Supplementary provisions

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135

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136

Part VI — Rights of owners etc. to require purchase of interests

Chapter I — Interests affected by planning decisions or orders

Service of purchase notices

Circumstances in which purchase notices may be served.

137

• (1) This section applies where—

• (a) on an application for planning permission to develop any land, permission is refused or is granted subject to conditions; or

• (b) by an order under section 97 planning permission in respect of any land is revoked, or is modified by the imposition of conditions; or

• (c) an order is made under section 102 or paragraph 1 of Schedule 9 in respect of any land.

• (2) If—

• (a) in the case mentioned in subsection (1)(a) or (b), any owner of the land claims that the conditions mentioned in subsection (3) are satisfied with respect to it, or

• (b) in the case mentioned in subsection (1)(c), any person entitled to an interest in land in respect of which the order is made claims that the conditions mentioned in subsection (4) are satisfied with respect to it,

he may, within the prescribed time and in the prescribed manner, serve on the council of the district , Welsh county, county borough or London borough in which the land is situated a notice (in this Act referred to as “a purchase notice”) requiring that council to purchase his interest in the land in accordance with this Chapter.

• (3) The conditions mentioned in subsection (2)(a) are—

• (a) that the land has become incapable of reasonably beneficial use in its existing state; and

• (b) in a case where planning permission was granted subject to conditions or was modified by the imposition of conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions; and

• (c) in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which planning permission has been granted or for which the local planning authority or the Secretary of State has undertaken to grant planning permission.

• (4) The conditions mentioned in subsection (2)(b) are—

• (a) that by reason of the order the land is incapable of reasonably beneficial use in its existing state; and

• (b) that it cannot be rendered capable of reasonably beneficial use by the carrying out of any development for which planning permission has been granted, whether by that order or otherwise.

• (5) For the purposes of subsection (1)(a) and any claim arising in the circumstances mentioned in that subsection, the conditions referred to in sections 91 and 92 shall be disregarded.

• (6) A person on whom a repairs notice has been served under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 138 of the Historic Environment (Wales) Act 2023 shall not be entitled to serve a notice under this section in the circumstances mentioned in subsection (1)(a) in respect of the building in question—

• (a) until the expiration of three months beginning with the date of the service of the repairs notice; and

• (b) if during that period the compulsory acquisition of the building is begun in the exercise of powers under section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 137 of the Historic Environment (Wales) Act 2023, unless and until the compulsory acquisition is discontinued.

• (7) For the purposes of subsection (6) a compulsory acquisition—

• (a) is started when the notice required by section 12 of the Acquisition of Land Act 1981 or, as the case may be, paragraph 3 of Schedule 1 to that Act is served; and

• (b) is discontinued—

• (i) in the case of acquisition by the Secretary of State or the Welsh Ministers, when he decides or they decide not to make the compulsory purchase order or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981; and

• (ii) in any other case, when the order is withdrawn or the Secretary of State decides not to confirm it or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981.

• (8) No purchase notice shall be served in respect of an interest in land while the land is incapable of reasonably beneficial use by reason only of such an order as is mentioned in subsection (1)(c), except by virtue of a claim under subsection (2)(b).

Purchase notices: Crown land

137A

• (1) A purchase notice may be served in respect of Crown land only as mentioned in this section.

• (2) The owner of a private interest in Crown land must not serve a purchase notice unless—

• (a) he first offers to dispose of his interest to the appropriate authority on equivalent terms, and

• (b) the offer is refused by the appropriate authority.

• (3) The appropriate authority may serve a purchase notice in relation to the following land—

• (a) land belonging to Her Majesty in right of Her private estates;

• (b) land belonging to Her Majesty in right of the Duchy of Lancaster;

• (c) land belonging to the Duchy of Cornwall;

• (d) land which forms part of the Crown Estate.

• (4) An offer is made on equivalent terms if the price payable for the interest is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable in respect of it if it were acquired in pursuance of a purchase notice.

• (5) Expressions used in this section and in Part 13 must be construed in accordance with that Part.

Circumstances in which land incapable of reasonably beneficial use.

138

• (1) Where, for the purpose of determining whether the conditions specified in section 137(3) or (4) are satisfied in relation to any land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, no account shall be taken of any unauthorised prospective use of that land.

• (2) A prospective use of land shall be regarded as unauthorised for the purposes of subsection (1)—

• (a) if it would involve the carrying out of development other than any development specified in paragraph 1 or 2 of Schedule 3;or

• (b) in the case of a purchase notice served in consequence of a refusal or conditional grant of planning permission, if it would contravene the condition set out in Schedule 10.

Duties of authorities on service of purchase notice

Action by council on whom purchase notice is served.

139

• (1) The council on whom a purchase notice is served shall serve on the owner by whom the purchase notice was served a notice (a “response notice”) stating either—

• (a) that the council are willing to comply with the purchase notice; or

• (b) that another local authority or statutory undertakers specified in the response notice have agreed to comply with it in their place; or

• (c) that for reasons so specified the council are not willing to comply with the purchase notice and have not found any other local authority or statutory undertakers who will agree to comply with it in their place, and that they have sent the Secretary of State a copy of the purchase notice and of the response notice.

• (2) A response notice must be served before the end of the period of three months beginning with the date of service of the purchase notice.

• (3) Where the council on whom a purchase notice is served by an owner have served a response notice on him in accordance with subsection (1)(a) or (b), the council or, as the case may be, the other local authority or statutory undertakers specified in the response notice shall be deemed—

• (a) to be authorised to acquire the interest of the owner compulsorily in accordance with the relevant provisions, and

• (b) to have served a notice to treat in respect of it on the date of service of the response notice.

• (4) Where the council propose to serve such a response notice as is mentioned in subsection (1)(c), they must first send the Secretary of State a copy—

• (a) of the proposed response notice, and

• (b) of the purchase notice.

• (5) A notice to treat which is deemed to have been served by virtue of subsection (3)(b) may not be withdrawn under section 31 of the Land Compensation Act 1961.

Procedure on reference of purchase notice to Secretary of State.

140

• (1) Where a copy of a purchase notice is sent to the Secretary of State under section 139(4), he shall consider whether to confirm the notice or to take other action under section 141 in respect of it.

• (2) Before confirming a purchase notice or taking such other action, the Secretary of State must give notice of his proposed action—

• (a) to the person who served the purchase notice;

• (b) to the council on whom it was served;

• (c) in England outside Greater London—

• (i) to the county planning authority and also, where that authority is a joint planning board, to the county council; and

• (ii) if the district council on whom the purchase notice in question was served is a constituent member of a joint planning board, to that board;

• (cc) in Wales, to the local planning authority, where it is a joint planning board; and

• (d) if the Secretary of State proposes to substitute any other local authority or statutory undertakers for the council on whom the notice was served, to them.

• (3) A notice under subsection (2) shall specify the period (which must not be less than 28 days from its service) within which any of the persons on whom it is served may require the Secretary of State to give those persons an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

• (4) If within that period any of those persons so require, before the Secretary of State confirms the purchase notice or takes any other action under section 141 in respect of it he must give those persons such an opportunity.

• (5) If, after any of those persons have appeared before and been heard by the appointed person, it appears to the Secretary of State to be expedient to take action under section 141 otherwise than in accordance with the notice given by him, the Secretary of State may take that action accordingly.

Action by Secretary of State in relation to purchase notice.

141

• (1) Subject to the following provisions of this section and to section 142(3), if the Secretary of State is satisfied that the conditions specified in subsection (3) or, as the case may be, subsection (4) of section 137 are satisfied in relation to a purchase notice, he shall confirm the notice.

• (2) If it appears to the Secretary of State to be expedient to do so, he may, instead of confirming the purchase notice—

• (a) in the case of a notice served on account of the refusal of planning permission, grant planning permission for the development in question;

• (b) in the case of a notice served on account of planning permission for development being granted subject to conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of that development;

• (c) in the case of a notice served on account of the revocation of planning permission by an order under section 97, cancel the order;

• (d) in the case of a notice served on account of the modification of planning permission by such an order by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the development in respect of which the permission was granted; or

• (e) in the case of a notice served on account of the making of an order under section 102 or paragraph 1 of Schedule 9, revoke the order or, as the case may be, amend the order so far as appears to him to be required in order to prevent the land from being rendered incapable of reasonably beneficial use by the order.

• (3) If it appears to the Secretary of State that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other development for which planning permission ought to be granted, he may, instead of confirming the purchase notice, or, as the case may be, of confirming it so far as it relates to that part of the land, direct that, if an application for planning permission for that development is made, it must be granted.

• (4) If it appears to the Secretary of State, having regard to the probable ultimate use of the land, that it is expedient to do so, he may, if he confirms the notice, modify it, either in relation to the whole or any part of the land, by substituting another local authority or statutory undertakers for the council on whom the notice was served.

• (5) Any reference in section 140 to the taking of action by the Secretary of State under this section includes a reference to the taking by him of a decision not to confirm the purchase notice either on the grounds that any of the conditions referred to in subsection (1) are not satisfied or by virtue of section 142.

Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.

142

• (1) This section applies where a purchase notice is served in respect of land which consists in whole or in part of land which has a restricted use by virtue of an existing planning permission.

• (2) For the purposes of this section, land is to be treated as having a restricted use by virtue of an existing planning permission if it is part of a larger area in respect of which planning permission has previously been granted (and has not been revoked) and either—

• (a) it remains a condition of the planning permission (however expressed) that that part shall remain undeveloped or be preserved or laid out in a particular way as amenity land in relation to the remainder; or

• (b) the planning permission was granted on an application which contemplated (expressly or by necessary implication) that the part should not be comprised in the development for which planning permission was sought, or should be preserved or laid out as mentioned in paragraph (a).

• (3) Where a copy of the purchase notice is sent to the Secretary of State under section 139(4), he need not confirm the notice under section 141(1) if it appears to him that the land having a restricted use by virtue of an existing planning permission ought, in accordance with that permission, to remain undeveloped or, as the case may be, remain or be preserved or laid out as amenity land in relation to the remainder of the large area for which that planning permission was granted.

Effect of Secretary of State’s action in relation to purchase notice.

143

• (1) Where the Secretary of State confirms a purchase notice—

• (a) the council on whom the purchase notice was served, or

• (b) if under section 141(4) the Secretary of State modified the purchase notice by substituting another local authority or statutory undertakers for that council, that other authority or those undertakers,

shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the relevant provisions, and to have served a notice to treat in respect of it on such date as the Secretary of State may direct.

• (2) If, before the end of the relevant period, the Secretary of State has neither—

• (a) confirmed the purchase notice, nor

• (b) taken any such action in respect of it as is mentioned in section 141(2) or (3), nor

• (c) notified the owner by whom the notice was served that he does not propose to confirm the notice,

the notice shall be deemed to be confirmed at the end of that period, and the council on whom the notice was served shall be deemed to be authorised as mentioned in subsection (1) and to have served a notice to treat in respect of the owner’s interest at the end of that period.

• (3) Subject to subsection (4), for the purposes of subsection (2) the relevant period is—

• (a) the period of nine months beginning with the date of service of the purchase notice; or

• (b) if it ends earlier, the period of six months beginning with the date on which a copy of the purchase notice was sent to the Secretary of State.

• (4) The relevant period does not run if the Secretary of State has before him at the same time both—

• (a) a copy of the purchase notice sent to him under section 139(4); and

• (b) a notice of appeal under section 78, 174 or 195 of this Act or under section 20 or 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 100 or 127 of the Historic Environment (Wales) Act 2023 (appeals against refusal of listed building consent, etc. and appeals against listed building enforcement notices) or under section 21 of the Planning (Hazardous Substances) Act 1990 (appeals against decisions and failure to take decisions relating to hazardous substances) relating to any of the land to which the purchase notice relates.

• (5) Where—

• (a) the Secretary of State has notified the owner by whom a purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice; and

• (b) that decision is quashed under Part XII,

the purchase notice shall be treated as cancelled, but the owner may serve a further purchase notice in its place.

• (6) The reference in subsection (5) to a decision to confirm, or not to confirm, the purchase notice includes—

• (a) any decision not to confirm the notice in respect of any part of the land to which it relates, and

• (b) any decision to grant any permission, or give any direction, instead of confirming the notice, either wholly or in part.

• (7) For the purposes of determining whether a further purchase notice under subsection (5) was served within the period prescribed for the service of purchase notices, the planning decision in consequence of which the notice was served shall be treated as having been made on the date on which the decision of the Secretary of State was quashed.

• (8) A notice to treat which is deemed to have been served by virtue of subsection (1) or (2) may not be withdrawn under section 31 of the Land Compensation Act 1961.

Compensation

Special provisions as to compensation where purchase notice served.

144

• (1) Where compensation is payable by virtue of section 107 in respect of expenditure incurred in carrying out any works on land, any compensation payable in respect of the acquisition of an interest in the land in pursuance of a purchase notice shall be reduced by an amount equal to the value of those works.

• (2) Where—

• (a) the Secretary of State directs under section 141(3) that, if an application for it is made, planning permission must be granted for the development of any land, and

• (b) on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that the permitted development value of the interest in that land in respect of which the purchase notice was served is less than its Schedule 3 value,

that authority shall pay the person entitled to that interest compensation of an amount equal to the difference.

• (3) If the planning permission mentioned in subsection (2)(a) would be granted subject to conditions for regulating the design or external appearance, or the size or height of buildings, or for regulating the number of buildings to be erected on the land, the Secretary of State may direct that in assessing any compensation payable under subsection (2) those conditions must be disregarded, either altogether or to such extent as may be specified in the direction.

• (4) The Secretary of State may only give a direction under subsection (3) if it appears to him to be reasonable to do so having regard to the local circumstances.

• (5) Sections 117 and 118 shall have effect in relation to compensation under subsection (2) as they have effect in relation to compensation to which those sections apply.

• (6) In this section—

• “Schedule 3 value”, in relation to such an interest, means the value of that interest calculated on the assumption that planning permission would be granted—subject to the condition in Schedule 10, for any development of a class specified in paragraph 1 of Schedule 3; andfor any development of a class specified in paragraph 2 of Schedule 3.

• “permitted development value”, in relation to an interest in land in respect of which a direction is given under section 141(3), means the value of that interest calculated with regard to that direction, but on the assumption that no planning permission would be granted otherwise than in accordance with that direction, and

• (7) Where a purchase notice in respect of an interest in land is served in consequence of an order under section 102 or paragraph 1 of Schedule 9, then if—

• (a) that interest is acquired in accordance with this Chapter; or

• (b) compensation is payable in respect of that interest under subsection (2),

no compensation shall be payable in respect of that order under section 115.

Special provisions for requiring purchase of whole of partially affected agricultural unit

Counter-notice requiring purchase of remainder of agricultural unit.

145

• (1) This section applies where—

• (a) an acquiring authority is deemed under this Chapter to have served notice to treat in respect of any agricultural land on a person (“the claimant”) who has a greater interest in the land than as tenant for a year or from year to year (whether or not he is in occupation of the land), and

• (b) the claimant has such an interest in other agricultural land (“the unaffected area”) comprised in the same agricultural unit as that to which the notice relates.

• (2) Where this section applies the claimant may serve on the acquiring authority a counter-notice—

• (a) claiming that the unaffected area is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and

• (b) requiring the acquiring authority to purchase his interest in the whole of the unaffected area.

• (3) Subject to subsection (4), “other relevant land” in subsection (2) means—

• (a) land which is comprised in the same agricultural unit as the land to which the notice to treat relates and in which the claimant does not have such an interest as is mentioned in subsection (1); and

• (b) land which is comprised in any other agricultural unit occupied by the claimant on the date on which the notice to treat is deemed to have been served and in respect of which he is then entitled to a greater interest than as tenant for a year or from year to year.

• (4) Where a notice to treat has been served or is deemed under this Chapter or under Part III of the Compulsory Purchase (Vesting Declarations) Act 1981 to have been served in respect of any of the unaffected area or in respect of other relevant land as defined in subsection (3), then, unless and until the notice to treat is withdrawn, this section and section 146 shall have effect as if that land did not form part of the unaffected land or, as the case may be, did not constitute other relevant land.

• (5) Where a counter-notice is served under subsection (2) the claimant shall also serve a copy of it on any other person who has an interest in the unaffected area (but failure to comply with this subsection shall not invalidate the counter-notice).

• (6) A counter-notice under subsection (2) and any copy of that notice required to be served under subsection (5) must be served within the period of two months beginning with the date on which the notice to treat is deemed to have been served.

• (7) This section is without prejudice to the rights conferred by sections 93 and 94 of the Lands Clauses (Consolidation) Act 1845 or section 8(2) and (3) of the Compulsory Purchase Act 1965 (provisions as to divided land).

Effect of counter-notice under s. 145.

146

• (1) If the acquiring authority do not within the period of two months beginning with the date of service of a counter-notice under section 145 agree in writing to accept the counter-notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Upper Tribunal.

• (2) On such a reference the Tribunal shall determine whether the claim in the counter-notice is justified and declare the counter-notice valid or invalid accordingly.

• (3) Where a counter-notice is accepted as valid under subsection (1) or declared to be valid under subsection (2), the acquiring authority shall be deemed—

• (a) to be authorised to acquire compulsorily the interest of the claimant in the land to which the requirement in the counter-notice relates under the same provision of this Chapter as they are authorised to acquire the other land in the agricultural unit in question; and

• (b) to have served a notice to treat in respect of it on the date on which notice to treat is deemed to have been served under that provision.

• (4) A claimant may withdraw a counter-notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the counter-notice has been determined by the Upper Tribunal or at any time before the end of six weeks beginning with the date on which it is determined.

• (5) Where a counter-notice is withdrawn by virtue of subsection (4) any notice to treat deemed to have been served in consequence of it shall be deemed to have been withdrawn.

• (6) Without prejudice to subsection (5), a notice to treat deemed to have been served by virtue of this section may not be withdrawn under section 31 of the Land Compensation Act 1961.

• (7) The compensation payable in respect of the acquisition of an interest in land in pursuance of a notice to treat deemed to have been served by virtue of this section shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) of the Land Compensation Act 1973.

• (8) Where by virtue of this section the acquiring authority become or will become entitled to a lease of any land but not to the interest of the lessor—

• (a) the authority shall offer to surrender the lease to the lessor on such terms as the authority consider reasonable;

• (b) the question of what is reasonable may be referred to the Upper Tribunal by the authority or the lessor and, if at the expiration of the period of three months after the date of the offer mentioned in paragraph (a) the authority and the lessor have not agreed on that question and that question has not been referred to the Tribunal by the lessor, it shall be so referred by the authority;

• (c) if that question is referred to the Tribunal, the lessor shall be deemed—

• (i) to have accepted the surrender of the lease at the expiry of one month after the date of the determination of the Tribunal or on such other date as the Tribunal may direct, and

• (ii) to have agreed with the authority on the terms of surrender which the Tribunal has held to be reasonable.

• (9) For the purposes of subsection (8) any terms as to surrender contained in the lease shall be disregarded.

• (10) Where the lessor—

• (a) refuses to accept any sum payable to him by virtue of subsection (8), or

• (b) refuses or fails to make out his title to the satisfaction of the acquiring authority,

they may pay into court any such sum payable to the lessor and section 9(2) and (5) of the Compulsory Purchase Act 1965 (deposit of compensation in cases of refusal to convey etc.) shall apply to that sum with the necessary modifications.

• (11) Where an acquiring authority who become entitled to the lease of any land as mentioned in subsection (8) are a body incorporated by or under any enactment, the corporate powers of the authority shall, if they would not otherwise do so, include the power to farm that land.

Provisions supplemental to ss. 145 and 146.

147

• (1) Sections 145 and 146 apply in relation to the acquisition of interests in land by government departments which possess compulsory purchase powers as they apply in relation to the acquisition of interests in land by authorities who are not government departments.

• (2) In sections 145, 146 and this section—

• “agricultural” and “agricultural land” have the meaning given in section 109 of the Agriculture Act 1947 and references to the farming of land include references to the carrying on in relation to the land of any agricultural activities;

• “agricultural unit” has the meaning given in section 171(1);

• “acquiring authority” has the same meaning as in the Land Compensation Act 1961 ; and

• “government departments which possess compulsory purchase powers” means government departments being authorities possessing compulsory purchase powers within the meaning of that Act.

Supplemental

Application of Chapter I to National Parks.

147A

This Chapter shall have effect as if—

• (a) the bodies on whom a purchase notice may be served under section 137 included any National Park authority which is the local planning authority for the area in which the land is situated; and

• (b) a National Park authority were a local authority for the purposes of this Act and the National Park for which it is the local planning authority were its area;

and the references in this Chapter and in section 288(10)(a) to a council and to a local authority shall be construed accordingly.

Interpretation of Chapter I.

148

• (1) In this Chapter—

• “the relevant provisions” means—

• (a) the provisions of Part IX, or

• (b) in the case of statutory undertakers, any statutory provision (however expressed) under which they have power, or may be authorised, to purchase land compulsorily for the purposes of their undertaking; and

• (2) In the case of a purchase notice served by such a person as is mentioned in subsection (2)(b) of section 137, references in this Chapter to the owner of the land include references to that person unless the context otherwise requires.

Chapter II — Interests Affected by Planning Proposals: Blight

Preliminary

Scope of Chapter II.

149

• (1) This Chapter shall have effect in relation to land falling within any paragraph of Schedule 13 (land affected by planning proposals of public authorities etc.); and in this Chapter such land is referred to as “blighted land”.

• (2) Subject to the provisions of sections 161 and 162, an interest qualifies for protection under this Chapter if—

• (a) it is an interest in a hereditament or part of a hereditament and on the relevant date it satisfies one of the conditions mentioned in subsection (3); or

• (b) it is an interest in an agricultural unit or part of an agricultural unit and on the relevant date it is the interest of an owner-occupier of the unit;

and in this Chapter such an interest is referred to as “a qualifying interest”.

• (3) The conditions mentioned in subsection (2)(a) are—

• (a) that the annual value of the hereditament does not exceed such amount as may be prescribed for the purposes of this paragraph by an order made by the Secretary of State, and the interest is the interest of an owner-occupier of the hereditament; or

• (b) that the interest is the interest of a resident owner-occupier of the hereditament.

• (4) In this section “the relevant date”, in relation to an interest, means the date of service of a notice under section 150 in respect of it.

• (5) In this Chapter “blight notice” means a notice served under section 150, 161 or 162.

Blight notices

Notices requiring purchase of blighted land.

150

• (1) Where the whole or part of a hereditament or agricultural unit is comprised in blighted land and a person claims that—

• (a) he is entitled to a qualifying interest in that hereditament or unit;

• (b) he has made reasonable endeavours to sell that interest; or the land falls within paragraph 21, paragraph 22 (disregarding the notes) or paragraph 24 , paragraph 24 or paragraph‍ 24ZA of Schedule 13 and (except in the case of land falling within paragraph 24(c) or‍ 24ZA(c) of that Schedule) the powers of compulsory acquisition remain exercisable and

• (c) in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in blighted land, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land,

he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, this Chapter.

• (2) Subject to subsection (3), subsection (1) shall apply in relation to an interest in part of a hereditament or unit as it applies in relation to an interest in the whole of a hereditament or unit.

• (3) Subsection (2) shall not enable any person—

• (a) if he is entitled to an interest in the whole of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of his interest in part of a hereditament or unit; or

• (b) if he is entitled to an interest only in part of a hereditament or agricultural unit, to make or serve any such claim or notice in respect of his interest in less than the whole of that part.

• (4) In this Chapter—

• (a) subject to section 161(1), “the claimant”, in relation to a blight notice, means the person who served that notice, and

• (b) any reference to the interest of the claimant, in relation to a blight notice, is a reference to the interest which the notice requires the appropriate authority to purchase as mentioned in subsection (1).

Counter-notices objecting to blight notices.

151

• (1) Where a blight notice has been served in respect of a hereditament or an agricultural unit, the appropriate authority may serve on the claimant a counter-notice in the prescribed form objecting to the notice.

• (2) A counter-notice under subsection (1) may be served at any time before the end of the period of two months beginning with the date of service of the blight notice.

• (3) Such a counter-notice shall specify the grounds on which the appropriate authority object to the blight notice (being one or more of the grounds specified in subsection (4) or, as relevant, in section 159(1), 161(5) or 162(5)).

• (4) Subject to the following provisions of this Act, the grounds on which objection may be made in a counter-notice to a notice served under section 150 are—

• (a) that no part of the hereditament or agricultural unit to which the notice relates is comprised in blighted land;

• (b) that the appropriate authority (unless compelled to do so by virtue of this Chapter) do not propose to acquire any part of the hereditament, or in the case of an agricultural unit any part of the affected area, in the exercise of any relevant powers;

• (c) that the appropriate authority propose in the exercise of relevant powers to acquire a part of the hereditament or, in the case of an agricultural unit, a part of the affected area specified in the counter-notice, but (unless compelled to do so by virtue of this Chapter) do not propose to acquire any other part of that hereditament or area in the exercise of any such powers;

• (d) in the case of land falling within paragraph 1, 3 or 13 but not 14, 15 or 16 of Schedule 13, that the appropriate authority (unless compelled to do so by virtue of this Chapter) do not propose to acquire in the exercise of any relevant powers any part of the hereditament or, in the case of an agricultural unit, any part of the affected area during the period of 15 years from the date of the counter-notice or such longer period from that date as may be specified in the counter-notice;

• (e) that, on the date of service of the notice under section 150, the claimant was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates;

• (f) that (for reasons specified in the counter-notice) the interest of the claimant is not a qualifying interest;

• (g) that the conditions specified in paragraphs (b) and (c) of section 150(1) are not fulfilled.

• (5) Where the appropriate enactment confers power to acquire rights over land, subsection (4) shall have effect as if—

• (a) in paragraph (b) after the word “acquire” there were inserted the words “ or to acquire any rights over ”;

• (b) in paragraph (c) for the words “do not propose to acquire” there were substituted the words “ propose neither to acquire, nor to acquire any right over ”;

• (c) in paragraph (d) after the words “affected area” there were inserted “ or to acquire any right over any part of it ”.

• (6) An objection may not be made on the grounds mentioned in paragraph (d) of subsection (4) if it may be made on the grounds mentioned in paragraph (b) of that subsection.

• (7) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 19 of Schedule 13 shall not include those mentioned in subsection (4)(b) or (c).

• (7A) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 25 of Schedule 13 do not include those mentioned in subsection (4)(b).

• (7B) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 26 of Schedule 13 do not include those mentioned in subsection (4)(b).

• (8) In this section “relevant powers”, in relation to blighted land falling within any paragraph of Schedule 13, means any powers under which the appropriate authority are or could be authorised—

• (a) to acquire that land or to acquire any rights over it compulsorily as being land falling within that paragraph; or

• (b) to acquire that land or any rights over it compulsorily for any of the relevant purposes;

and “the relevant purposes”, in relation to any such land, means the purposes for which, in accordance with the circumstances by virtue of which that land falls within the paragraph in question, it is liable to be acquired or is indicated as being proposed to be acquired.

Further counter-notices where certain proposals have come into force.

152

• (1) Where—

• (a) an appropriate authority have served a counter-notice objecting to a blight notice in respect of any land falling within paragraph 1, 2, 3, 4 or 14 of Schedule 13 by virtue of Note (1) to that paragraph, and

• (b) the relevant plan or alterations or, as the case may be, the relevant order or scheme comes into force (whether in its original form or with modifications),

the appropriate authority may serve on the claimant, in substitution for the counter-notice already served, a further counter-notice specifying different grounds of objection.

• (2) Such a further counter-notice shall not be served—

• (a) at any time after the end of the period of two months beginning with the date on which the relevant plan or alterations come into force; or

• (b) if the objection in the counter-notice already served has been withdrawn or the Upper Tribunal has already determined whether or not to uphold that objection.

Reference of objection to Upper Tribunal: general.

153

• (1) Where a counter-notice has been served under section 151 objecting to a blight notice, the claimant may require the objection to be referred to the Upper Tribunal.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) On any such reference, if the objection is not withdrawn, the Upper Tribunal shall consider—

• (a) the matters set out in the notice served by the claimant, and

• (b) the grounds of the objection specified in the counter-notice;

and, subject to subsection (4), unless it is shown to the satisfaction of the Tribunal that the objection is not well-founded, the Tribunal shall uphold the objection.

• (4) An objection on the grounds mentioned in section 151(4)(b), (c) or (d) shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.

• (4A) Where the effect of a blight notice would be a compulsory purchase to which Part 1 of the Compulsory Purchase Act 1965 applies, the Upper Tribunal may uphold an objection on the grounds mentioned in section 151(4)(c) only if it is satisfied that the part of the hereditament or affected area proposed to be acquired in the counter-notice—

• (a) in the case of a house, building or factory, can be taken without material detriment to the house, building or factory, or

• (b) in the case of a park or garden belonging to a house, can be taken without seriously affecting the amenity or convenience of the house.

• (5) If the Tribunal determines not to uphold the objection, the Tribunal shall declare that the notice to which the counter-notice relates is a valid notice.

• (6) If the Tribunal upholds the objection, but only on the grounds mentioned in section 151(4)(c), the Tribunal shall declare that the notice is a valid notice in relation to the part of the hereditament, or in the case of an agricultural unit the part of the affected area, specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in that notice, but not in relation to any other part of the hereditament or affected area.

• (7) In a case falling within subsection (5) or (6), the Tribunal shall give directions specifying the date on which notice to treat (as mentioned in section 154) is to be deemed to have been served.

• (8) This section shall have effect in relation to a further counter-notice served by virtue of section 152(1) as it has effect in relation to the counter-notice for which it is substituted.

Effect of valid blight notice.

154

• (1) Subsection (2) applies where a blight notice has been served and either—

• (a) no counter-notice objecting to that notice is served in accordance with this Chapter; or

• (b) where such a counter-notice has been served, the objection is withdrawn or, on a reference to the Upper Tribunal, is not upheld by the Tribunal.

• (2) Where this subsection applies, the appropriate authority shall be deemed—

• (a) to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in the hereditament, or in the case of an agricultural unit the interest of the claimant in so far as it subsists in the affected area, and

• (b) to have served a notice to treat in respect of it on the date mentioned in subsection (3).

• (3) The date referred to in subsection (2)—

• (a) in a case where, on a reference to the Upper Tribunal, the Tribunal determines not to uphold the objection, is the date specified in directions given by the Tribunal in accordance with section 153(7);

• (b) in any other case, is the date on which the period of two months beginning with the date of service of the blight notice comes to an end.

• (4) Subsection (5) applies where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 151(4)(c) and either—

• (a) the claimant, without referring that objection to the Upper Tribunal, and before the time for so referring it has expired—

• (i) gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the hereditament or affected area specified in the counter-notice, and

• (ii) withdraws his claim as to the remainder of that hereditament or area; or

• (b) on a reference to the Upper Tribunal, the Tribunal makes a declaration in accordance with section 153(6) in respect of that part of the hereditament or affected area.

• (5) Where this subsection applies, the appropriate authority shall be deemed—

• (a) to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the hereditament or affected area specified in the counter-notice (but not in so far as it subsists in any other part of that hereditament or area), and

• (b) to have served a notice to treat in respect of it on the date mentioned in subsection (6).

• (6) The date referred to in subsection (5)—

• (a) in a case falling within paragraph (a) of subsection (4), is the date on which notice is given in accordance with that paragraph; and

• (b) in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Upper Tribunal in accordance with section 153(7).

Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.

155

• (1) Subsection (2) shall have effect where the grounds of objection specified in a counter-notice served under section 151 consist of or include the grounds mentioned in paragraph (b) or (d) of subsection (4) of that section and either—

• (a) the objection on the grounds mentioned in that paragraph is referred to and upheld by the Upper Tribunal; or

• (b) the time for referring that objection to the Upper Tribunal expires without its having been so referred.

• (2) If—

• (a) a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes the whole or part of the hereditament or agricultural unit to which the counter-notice relates, or

• (b) the land in question falls within paragraph 21 of Schedule 13,

any power conferred by that order or, as the case may be, by special enactment for the compulsory acquisition of the interest of the claimant in the hereditament or agricultural unit or any part of it shall cease to have effect.

• (3) Subsection (4) shall have effect where the grounds of objection specified in a counter-notice under section 151 consist of or include the grounds mentioned in paragraph (c) of subsection (4) of that section and either—

• (a) the objection on the grounds mentioned in that paragraph is referred to and upheld by the Upper Tribunal; or

• (b) the time for referring that objection to the Upper Tribunal expires without its having been so referred;

and in subsection (4) any reference to “the part of the hereditament or affected area not required” is a reference to the whole of that hereditament or area except the part specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in the counter-notice.

• (4) If—

• (a) a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes any of the part of the hereditament or affected area not required, or

• (b) the land in question falls within paragraph 21 of Schedule 13,

any power conferred by that order or, as the case may be, by the special enactment for the compulsory acquisition of the interest of the claimant in any land comprised in the part of the hereditament or affected area not required shall cease to have effect.

Withdrawal of blight notice.

156

• (1) Subject to subsection (3), the person by whom a blight notice has been served may withdraw the notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the notice has been determined by the Upper Tribunal or, if there has been such a determination, at any time before the end of the period of six weeks beginning with the date of the determination.

• (2) Where a blight notice is withdrawn by virtue of subsection (1) any notice to treat deemed to have been served in consequence of it shall be deemed to have been withdrawn.

• (3) A person shall not be entitled by virtue of subsection (1) to withdraw a notice after the appropriate authority have exercised a right of entering and taking possession of land in pursuance of a notice to treat deemed to have been served in consequence of that notice.

• (4) No compensation shall be payable in respect of the withdrawal of a notice to treat which is deemed to have been withdrawn by virtue of subsection (2).

Compensation

Special provisions as to compensation for acquisitions in pursuance of blight notices.

157

• (A1) Where—

• (a) an interest in land is acquired in pursuance of a blight notice,

• (b) the interest is one in respect of which a compulsory purchase order is in force, and

• (c) the order directs that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961,

the compensation payable for the acquisition is to be assessed in accordance with that direction and as if the notice to treat deemed to have been served in respect of the interest under section 154 had been served in pursuance of the compulsory purchase order.

• (1) Where—

• (a) an interest in land is acquired in pursuance of a blight notice, and

• (b) the interest is one in respect of which a compulsory purchase order is in force under section 1 of the Acquisition of Land Act 1981, as applied by section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 137 of the Historic Environment (Wales) Act 2023, containing a direction for minimum compensation under section 50 of that Act of 1990 or section 140 of that Act of 2023,

the compensation payable for the acquisition shall be assessed in accordance with that direction and as if the notice to treat deemed to have been served in respect of the interest under section 154 had been served in pursuance of the compulsory purchase order.

• (2) Where—

• (a) an interest in land is acquired in pursuance of a blight notice, and

• (b) the interest is one in respect of which a compulsory purchase order is in force under section 290 of the Housing Act 1985 (acquisition of land for clearance);

the compensation payable for the acquisition shall be assessed in accordance with that Act and as if the notice to treat deemed to have been served in respect of the interest under section 154 had been served in pursuance of the compulsory purchase order.

• (3) The compensation payable in respect of the acquisition by virtue of section 160 of an interest in land comprised in—

• (a) the unaffected area of an agricultural unit; or

• (b) if the appropriate authority have served a counter-notice objecting to the blight notice on the grounds mentioned in section 151(4)(c), so much of the affected area of the unit as is not specified in the counter-notice,

shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) of the Land Compensation Act 1973.

• (4) In subsection (3) the reference to “the appropriate authority” shall be construed as if the unaffected area of an agricultural unit were part of the affected area.

Special provisions for requiring purchase of whole of partially affected agricultural unit

Inclusion in blight notices of requirement to purchase parts of agricultural units unaffected by blight.

158

• (1) This section applies where—

• (a) a blight notice is served in respect of an interest in the whole or part of an agricultural unit, and

• (b) on the date of service that unit or part contains land (“the unaffected area”) which is not blighted land as well as land (“the affected area”) which is such land.

• (2) Where this section applies the claimant may include in the blight notice—

• (a) a claim that the unaffected area is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and

• (b) a requirement that the appropriate authority shall purchase his interest in the whole of the unit or, as the case may be, in the whole of the part of it to which the notice relates.

• (3) Subject to section 159(4), “other relevant land” in subsection (2) means—

• (a) if the blight notice is served only in respect of part of land comprised in the agricultural unit, the remainder of it; and

• (b) land which is comprised in any other agricultural unit occupied by the claimant on the date of service and in respect of which he is then entitled to an owner’s interest as defined in section 168(4).

Objections to s. 158 notices.

159

• (1) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of section 158 shall include the ground that the claim made in the notice is not justified.

• (2) Objection shall not be made to a blight notice served by virtue of section 158 on the grounds mentioned in section 151(4)(c) unless it is also made on the grounds mentioned in subsection (1).