New Towns Act 1981

Acquisitions by development corporations and local highway authorities E+W

1 (1) A compulsory purchase order made under this Act by a development corporation or local highway authority— E+W

(a) shall designate the land to which it relates by reference to a map annexed to it, either with or without descriptive matter, and

(b) subject to that, shall be in such form as may be prescribed.

(2) In the case of any discrepancy between the map and any such descriptive matter, the descriptive matter shall prevail except in so far as may be otherwise provided by the order.

2 (1) After submitting the order to the Secretary of State, the acquiring authority— E+W

(a) shall publish a notice in the prescribed form describing the land, stating that an order authorising the compulsory acquisition of that land has been submitted to the Secretary of State, naming a place where a copy of the order and of the map and any annexed descriptive matter may be seen at any reasonable hour, and specifying the time (not being less than 28 days from the first local advertisement) within which, and the manner in which, objections to the order may be made, and

(b) if the Secretary of State so directs in the case of the order in question, shall serve on every owner of any of the land to which the order relates a notice to the like effect as the notice required to be published under head (a) above,

except that head (b) above shall not apply if the order relates only to land within the area of a new town.

(2) The notice required to be published by sub-paragraph (1)(a) above shall be published—

(a) in the case of such an order as is described in the exception to sub-paragraph (1) above, and in any other case where service on owners is not effected under head (b) of that sub-paragraph, by publishing that notice—

(i) in the London Gazette, and

(ii) in each of two successive weeks, in one or more newspapers circulating in the locality in which the land to which the order relates is situated, and

(iii) by affixing a copy, addressed to “the owners and any occupiers” of the land (describing it), to some conspicuous object or objects on the land;

(b) where service on owners is effected under that head (b), by publishing it in one or more newspapers circulating in the locality in which the land to which the order relates is situated.

(3) Publication and, if applicable, service in accordance with the foregoing provisions of this paragraph shall be effected—

(a) in the case of an order relating only to land within the area of a new town, as soon as may be after the order has been submitted;

(b) in any other case, as soon as may be after the order has been submitted and any direction of the Secretary of State as to service on owners under sub-paragraph (1)(b) above has been given or he has notified the acquiring authority that he does not propose to give such a direction.

(4) In this paragraph “the first local advertisement”, in relation to a notice, means the first publication of the notice in a newspaper circulating in the locality where the land to which the notice relates is situated, and includes, in relation to a notice so published once only, the publication of that notice.

3 E+W Subject to the provisions of paragraph 4 below in any case in which those provisions have effect, the Secretary of State may confirm the order with or without modification, but shall not, unless all persons interested consent, so modify it as to extend it to any land which was not designated by the order as submitted.

4 (1) If any objection is duly made to the order and is not withdrawn, the following provisions of this paragraph shall have effect. E+W

For the purposes of this Schedule an objection shall not be treated as duly made unless—

(a) it is made within the time and in the manner specified in the notice required by paragraph 2 above, and

(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

(2) Unless the Secretary of State decides apart from the objection not to confirm the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the Secretary of State shall, before making a final decision, consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

(3) In so far as the Secretary of State, after considering the grounds of the objection as set out in the original statement and any such further statement, is satisfied—

(a) that the objection relates to a matter which can be dealt with in the assessment of compensation, or

(b) in the case of an order relating to land within the area of a new town, that the objection is made on the ground that the acquisition is unnecessary or inexpedient,

he may treat the objection as irrelevant for the purpose of making a final decision.

(4) If—

(a) the Secretary of State, after considering the grounds of the objection as set out in the original statement and any such further statement is satisfied that for the purpose of making a final decision he is sufficiently informed as to the matters to which the objection relates, or

(b) where a further statement has been required, it is not submitted within the specified period,

the Secretary of State may make a final decision without further investigation as to those matters.

(5) Subject to sub-paragraphs (3) and (4) above, the Secretary of State—

(a) shall, before making a final decision, afford to the objector an opportunity of appearing before and being heard by a person appointed for the purpose by the Secretary of State; and

(b) shall, if the person making the objection avails himself of that opportuntiy, afford an opportunity of appearing and being heard on the same occasion to the acquiring authority and to any other persons to whom it appears to the Secretary of State to be expedient to afford it.

(6) Notwithstanding anything in the foregoing provisions of this paragraph, if it appears to the Secretary of State that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision—

(a) he shall cause such an inquiry to be held; and

(b) where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time when he so determines shall be dispensed with.

(7) In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding—

(a) whether to confirm the order, or

(b) what modification, if any, ought to be made.

5 E+W As soon as may be after the order has been confirmed the acquiring authority shall publish in one or more newspapers circulating in the locality in which the land designated by the order is situated a notice in the prescribed form—

(a) describing the land,

(b) stating that the order has been confirmed, F1 ...

(c) naming a place where a copy of the order and of the map and any annexed descriptive matter may be seen at any reasonable hour,

[F2 (d) containing a prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981, and

(e) inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the acquiring authority information about the person’s name, address and interest in land, using a prescribed form,]

and shall serve a like notice [F3 on any person who, if Part 2 of the Acquisition of Land Act 1981 applied to the acquisition, would be entitled to a notice under section 12 of that Act (notice to owners, lessees and occupiers).]

Textual Amendments

F1 Word in Sch. 4 para. 5 omitted (2.2.2017) by virtue of The Housing and Planning Act 2016 (Compulsory Purchase) (Corresponding Amendments) Regulations 2017 (S.I. 2017/16), reg. 1(2), Sch. para. 4(2)(a) (with Sch. para. 4(4))

F2 Sch. 4 para. 5(d)(e) inserted (2.2.2017) by The Housing and Planning Act 2016 (Compulsory Purchase) (Corresponding Amendments) Regulations 2017 (S.I. 2017/16), reg. 1(2), Sch. para. 4(2)(b) (with Sch. para. 4(4))

F3 Words in Sch. 4 para. 5 substituted (2.2.2017) by The Housing and Planning Act 2016 (Compulsory Purchase) (Corresponding Amendments) Regulations 2017 (S.I. 2017/16), reg. 1(2), Sch. para. 4(2)(c) (with Sch. para. 4(4))

6 E+W Where—

(a) proceedings are necessary for the purposes of paragraphs 1, 2 and 4 above in relation to an order authorising a compulsory acquisition of land, and

(b) that land is in an area proposed to be designated as the site of a new town by an order a draft of which has been published in accordance with Schedule 1 to this Act,

the Secretary of State may by regulations provide for enabling the proceedings referred to in head (a) to be taken, so far as may be practicable, contemporaneously with the proceedings on the order referred to in head (b).