New Towns Act 1981

Acquisitions by development corporations and local highway authorities E+W

1 E+W An application by a development corporation or local highway authority for the purposes of section 13(1)(a) above shall be in such form as may be prescribed, and shall describe by reference to a map the land to which the application relates.

2 E+W As soon as may be after submitting the application to the Secretary of State and the appropriate Minister the acquiring authority shall serve on every owner, lessee and occupier of any land to which the application relates a notice in the prescribed form—

(a) describing the land;

(b) stating that an application under section 13(1)(a) above has been submitted in relation to the land and is about to be considered by the Secretary of State and the appropriate Minister;

(c) naming a place where a copy of the application and of the map referred to in it may be seen at all reasonable hours; and

(d) specifying the time (not being less than 28 days from the service of the notice) within which, and the manner in which, objections to the application may be made.

3 (1) If— E+W

(a) no objection is duly made by any of the persons on whom notices are required to be served, or

(b) if all objections so made are withdrawn,

the Secretary of State and the appropriate Minister may, if they think fit, make a compulsory purchase order in accordance with the application, with or without modification, but shall not, unless all persons interested consent, make the order with any modification which would extend it to any land to which the application did not relate.

(2) If any objection is duly made by any of the persons on whom notices are required to be served and is not withdrawn, the Secretary of State and the appropriate Minister—

(a) shall, before making an order on the application, consider the objection, and

(b) shall, if either the person by whom the objection was made or the acquiring authority so desire, afford that person and the acquiring authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State and the appropriate Minister for the purpose,

and they may then, if they think fit, make an order on the application.

(3) An objection shall not be deemed for the purposes of section 13 above or this Schedule to be duly made unless—

(a) it is made within the time and in the manner specified in the notice in that behalf; and

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

4 E+W A compulsory purchase order made on such an application shall be in such form as the Secretary of State and the appropriate Minister may determine, and shall describe by reference to a map the land to which the order relates.

[F1 5 E+W As soon as may be after a compulsory purchase order has been made on such an application the acquiring authority shall serve 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), a notice in the prescribed form—

(a) stating that the order has been made,

(b) naming a place where where a copy of the order and of the map referred to therein may be seen at any reasonable hour,

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

(d) 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.]

Textual Amendments

F1 Sch. 5 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(3) (with Sch. para. 4(4))